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Property Ownership Land Use ControlsEstates_and_property_typesMEDIUM

George and Martha, a married couple, hold their California home as community property. George dies with a will that leaves his half of the home to his brother, Paul. Under California law, what is the result?

Correct Answer

A) Paul receives George's half of the property as specified in George's will

Under California Probate Code §100 and §6101, each spouse has the right to dispose of their one-half of community property by will. Standard community property (without right of survivorship) does not include an automatic right of survivorship. George's will directing his half to Paul is valid, and Paul receives George's 50% interest in the property.

Answer Options
A
Paul receives George's half of the property as specified in George's will
B
Martha automatically receives George's half by right of survivorship inherent in community property
C
The entire property goes to Martha because community property cannot be willed to a third party
D
Paul and Martha must agree on the disposition, or the court decides

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Related Topics & Key Terms

Key Terms:

community_propertywillno_survivorshipProbate_Code_100
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