Does a Will take precedence over community property laws?
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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 11 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.
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