Case Conclusion Date: 01.21.2011
Practice Area: Probate
Outcome: Successful reversal on appeal
Description: Successful appeal of a creditor's claim in probate involving a $2 million from ex-wife to her now deceased ex-husband. In the absence of an express written declaration, such transfers retain their character as community or separate property of the contributing spouse. Decedent's attenuated heirs argued that the Divorce Decree was "res judicata" on the issue of the character of the loan proceeds. We successfully reversed the trial court's opinion on the basis that such a judgment cannot be final as to issues not adjudicated in the proceeding.