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  1. #1

    Default Anyone Familiar with California Form De-221 Spousal Property Petition

    My question involves estate proceedings in the state of: ca

    Here is a link to the form
    http://www.courts.ca.gov/de221.pdf

    My question is regarding section 7, attachment 7a. Do I just create a list of all the poperty (house, cars, bank accounts) and then give an explanation as to why it should go to the surviving spouse? In this case the decedent has a will that leaves everything to the surviving spouse. Additionally the decedent has no children, siblings, or living parents. So if I just explain that and list all of the property that should be sufficient?

  2. #2
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    Default Re: Anyone Familiar with California Form De-221 Spousal Property Petition

    Yes, but understand you can only list the property that you are asserting does transfer either because it should be considered community property or that you had some mutual agreement about. You can't argue that "there no other heirs" as justification. Either it would legally transfer based on it being community property or the like, or you must not exclude it at this stage.

  3. #3
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    Jul 2018
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    Default Re: Anyone Familiar with California Form De-221 Spousal Property Petition

    Quote Quoting rxylus
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    My question is regarding section 7, attachment 7a. Do I just create a list of all the poperty (house, cars, bank accounts) and then give an explanation as to why it should go to the surviving spouse?
    Not quite. Section 7 states: "The facts upon which petitioner bases the allegation that the property described in Attachments 7a and 7b is property that should pass or be confirmed to the surviving spouse or surviving registered domestic partner are stated in attachment 7." In other words, the facts supporting the claim go in attachment 7; the property is listed in attachments 7a and/or 7b.

    The sufficiency of what you submit is obviously for the court to determine.

    Quote Quoting flyingron;1125879

    Yes, but understand you can only list the property that you are asserting does transfer either because it should be considered community property or that you had some mutual agreement about.
    That's not correct. Section 7b covers community property. Section 7a covers all property "that [the] petitioner requests to be determined as having passed to the surviving spouse or partner to the deceased spouse or partner." The next sentence mentions an agreement between the spouses, but it relates only to a business or trade name of an unincorporated business that the deceased spouse was operating or managing at the time of his/her death. That second sentence begins with the words "This includes," which clearly indicates that what follows is a sub-set of what was described in the first sentence.

    This is all spelled out in Chapter 5 of Part 2 of Division 8 of the Probate Code, which covers special proceedings for the passage of property to a surviving spouse without formal administration.

  4. #4

    Default Re: Anyone Familiar with California Form De-221 Spousal Property Petition

    ok got it 2 attachments. Thanks.

    I assume its best to be as descriptive as possible for the property. Should I list bank account numbers?

  5. #5
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    Default Re: Anyone Familiar with California Form De-221 Spousal Property Petition

    Quote Quoting rxylus
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    ok got it 2 attachments.
    Potentially 3 (7, 7a and 7b).


    Quote Quoting rxylus
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    Should I list bank account numbers?
    You should absolutely not list full account numbers. The typical way of doing it is along the following lines: "Checking account #xxxx1234 held at Bank of Bob" or "Checking account ending in 1234 held at Bank of Bob."

  6. #6

    Default Re: Anyone Familiar with California Form De-221 Spousal Property Petition

    is it an issue if we dont have an account number? Can we just put bank account at wells fargo?

    also what happens if something is left off the property list but later discovered? like an unknown bank account.

  7. #7
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    Default Re: Anyone Familiar with California Form De-221 Spousal Property Petition

    Quote Quoting rxylus
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    is it an issue if we dont have an account number? Can we just put bank account at wells fargo?
    Put down as much info as you have (except, as mentioned previously, don't use the full account number).


    Quote Quoting rxylus
    View Post
    also what happens if something is left off the property list but later discovered? like an unknown bank account.
    Any number of things might happen, but you can't list things you don't know about.

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