A married California man names his sister as primary beneficiary of a $500,000 whole-life policy. Premiums have been paid from earnings during the marriage. He dies; his widow challenges the designation. Under California community-property principles (Fam. Code § 2581), what is the widow MOST likely entitled to?
Why this is the answer
California is a community-property state under Fam. Code § 2581, meaning property acquired during marriage from community earnings is owned 50/50 by both spouses. If a life policy was funded with community-earnings premiums, the cash value and resulting death benefit are pro tanto community property. When one spouse names a third party (such as a sibling) without the other spouse's written consent, the non-consenting spouse retains a community-property claim — generally one-half of the proceeds attributable to community-paid premiums. The non-consenting spouse can sue the named beneficiary in equity (constructive trust) for that share. (a) ignores community-property law. (b) overstates; the spouse only owns the community share, not the separate share. (d) invents a non-existent statutory maximum.
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