Leonard Green Living Trust

Steve Hogan successfully tried a “Moore-Marsden” case in which the Petitioner (wife of the deceased husband) was awarded substantially less than the Respondent (the son of the decedent who was the Trustee of the deceased husband’s trust whom Mr. Hogan represented) offered to settle before trial. The court adopted the Exhibit that Mr. Hogan prepared showing the wife’s community interest in decedent’s separate property home. The court noted that “A Moore-Marsden interest exists when ‘community property is used to reduce the encumbrance on separate property’ (In re Marriage of Branco (1996) 47 Cal.App4th 1621;In re Marriage of Marsden (1982) 130 Cal.App.3d 426; In re Marriage of Moore (1980) Cal.3d.366) If community funds are utilized to make mortgage payments on separate property, the community acquires apro tanto interest in the ratio that principal payments on the purchase price made with community funds bear to payments made with separate property funds, along with an apportioned interest in the appreciation of the property during the marriage.” Statement of Decision.