Parker

*1437 Opinion

In this proceeding to probate the will of Myrtle Louise Powell, the trial court entered judgment providing that the decedent’s share of community property shall remain in a revocable trust created by the decedent and her husband. Husband appeals claiming he revoked the trust after the decedent’s death and is therefore entitled to the entire estate. He further contends that, in any event, community property was not properly transferred to the trust and he is entitled to a greater share of the family residence by virtue of his separate property contributions.

We conclude the trust assets, which were community property of the trustors, were transmuted to separate property upon the decedent’s death. Therefore, husband’s revocation of the trust resulted in one-half of the trust assets being returned to husband and the other half being disposed of according to the decedent’s will. We also conclude the unrecorded trust instrument was sufficient as between the trustors to convert joint tenancy property assigned to the trust into community property. We reject husband’s remaining claims.

Facts and Procedural History

Myrtle Louise Powell died on July 26, 1995. She was…