Community Property distribution after death of one spouse?

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Community Property distribution after death of one spouse?

When one partner dies, does the other inherit everything? Or could a Will distribute some of the property to others? State = CA

Asked on June 1, 2009 under Estate Planning, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A married person can make gifts by will, to people other than the surviving spouse.  But those gifts have to come out of the person's separate assets, because in most cases jointly held property will go to the surviving owner, outside the will -- house, joint checking and savings accounts, etc.

If you want more detailed information, related to a specific situation, you should discuss all the facts with a wills and trusts attorney in your area.  One place you can find qualified lawyers is our website, http://attorneypages.com


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