Does a Will take precedence over community property laws?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does a Will take precedence over community property laws?

My wife recently passed away. Before we were married she had a Will leaving everything to her daughter. My wife received stock in her company and received Accelerated Death Benefit insurance during our marriage. Is that considered community property?

Asked on November 28, 2012 under Estate Planning, California

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

Not unless those assets were earned during the marriage in whole or in part or were comingled with community property, then said assets would be considered community, to which you the surviving spouse would have a claim that you survived to those assets by right of survivorship.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption