In the Matter of Barbara Jo Joel
Hearing on Spousal Property Petition
Motion type
Ruling
2026PRSP066416: IN THE MATTER OF BARBARA JO JOEL 08/26/2026 in Department J6 Hearing on Spousal Property Petition
Notice of Hearing (DE-120) showing statutorily sufficient service of notice not filed as of 08/24/26. (Probate Code §13655)
Petitioner has failed to provide attachment #7 and has failed to provide the information required by Local Rule 10.14:
A. If the basis for determining that property should pass or be confirmed to the surviving spouse is that the property is community property or quasi-community property, the following information must be included in the spousal property petition: 1. Date and place of marriage; (Petitioner provided a copy of the marriage certificate) 2. Ownership of any real and personal property on date of marriage and a description and approximation of values; 3. Decedents net worth at time of marriage; 4. Decedents occupation at time of marriage; 5.
An affirmation that none of the property acquired after date of marriage was by gift, devise, descent, proceeds of life insurance or joint tenancy survivorship; 6. The identification of any property described in 2 or 5 above, which is still a part of this estate; 7. A copy (preferably a photocopy showing signatures) of any document establishing the character of the property; 8. Any additional facts upon which the claim that property is community or quasi-community property is based; and; 9. Facts that rebut Evidence Code §662, which provides: The owner of the legal title to property is presumed to be the owner of the fully beneficial title.
This presumption may be rebutted only by clear and convincing proof. 10. If a Petition references a will, the will must be on deposit with the court pursuant to Probate Code §8200.
Petitioner to file proof of statutorily sufficient service of the Notice of Hearing (DE-120) and a verified supplement with the information required by Local Rule 10.14.
2026PRSP066416: IN THE MATTER OF BARBARA JO JOEL
The court intends to continue the hearing to 10/08/26 at 10:30 a.m. in Department J6.
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