Edward and Fiona, a married couple in California, hold their home as community property. Edward writes in his will that his half goes to his mother, Gloria. Edward also has a $200,000 debt to the IRS. Edward dies. Under California law, what is the order of priority for Edward's community property share?
Correct Answer
B) Edward's share of community property is subject to his debts before distribution to Gloria under his will
Under California Probate Code §11440-11446, the debts of the deceased spouse must be paid from the deceased's estate before any distributions under the will. Edward's IRS debt is a valid claim against his estate. His half of the community property is subject to his debts, and the IRS lien must be satisfied before Gloria can receive any remaining portion of Edward's share.
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Victor and Wendy, a married couple, hold their California home as joint tenants. They later file for divorce. Before the divorce is finalized, Victor dies. Under California law, what happens to Victor's interest?
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Under California law, all of the following are characteristics of community property EXCEPT: