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.
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