Spousal Property Petition
CASE NUMBER: 26PB-0033410 This matter is on calendar for hearing on a Spousal Property Petition. The matter has been properly noticed, with proof of service on file. No objections have been raised. The Court notes that the will distributes the decedent’s estate to the Trustee of a trust, not to decedent’s spouse. Consequently, only the trustee of the trust is entitled to a distribution of the decedent’s one-half interest in the community property. A spousal property petition is not the proper procedure to transfer the property to the trustee of a trust.
To the extent that the Petitioner seeks an order transferring decedent’s 1/2 interest in the community property to her as surviving spouse, the Petition is DENIED. To the extent that the Petitioner seeks confirmation of her 1/2 community property interest in the account, the Petition can be granted. A corrected order is required that confirms the Petitioner’s 1⁄2 interest in the property to her. The matter is continued to Monday, August 3, 2026, at 2:30 p.m. in Department 44 for confirmation of receipt and execution of a revised order.
The clerk is directed to close the file upon processing the order. No appearance is necessary on today’s calendar.
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