Under California law, all of the following are characteristics of community property EXCEPT:
Correct Answer
A) Upon the death of one spouse, the surviving spouse automatically receives the deceased spouse's half
Standard community property in California does NOT include an automatic right of survivorship. Upon death, the deceased spouse's half of community property passes through their will or, if no will exists, through intestate succession under California Probate Code. Only community property with right of survivorship (CPWROS under Civil Code §682.1) includes automatic survivorship.
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Previous Question
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?
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In California, three sisters — Anna, Beth, and Carol — own a property as joint tenants. Anna sells her interest to her friend, Dave. What is the resulting ownership structure?