Estate of Wilson
Court of Appeal of California
183 Cal. App. 3d 67 (1986)
Relevant factsFree
Millburn created three Totten trust accounts funded with community-property funds for the benefit of three of his children, without his wife Ruth's (plaintiff's) knowledge, and died intestate in 1983 without ever executing a will that might have awarded the full trust amounts to those children from his own community-property share; Ruth, unaware of the trusts until after his death, sought her full community-property interest including a full claim to the trust accounts, and other children (defendants) objected.
IssueFree
Whether a spouse may dispose of community property through testamentary gift without the other spouse's consent.