Tom and Lisa are married and hold their Coeur d'Alene home as 'community property with right of survivorship.' Tom dies, leaving a will that bequeaths his entire estate to his adult son from a prior marriage. Lisa claims she automatically owns the full property. Tom's son claims he is entitled to Tom's half under the will. Who is correct under Idaho law?
Correct Answer
B) Lisa is correct because community property with right of survivorship passes automatically to the surviving spouse, and the will has no effect on that interest.
When married couples hold property as 'community property with right of survivorship' under Idaho law (I.C. § 32-906 et seq.), the survivorship feature operates exactly like joint tenancy — upon one spouse's death, the entire property passes automatically and immediately to the surviving spouse by operation of law. This transfer occurs outside of probate and cannot be overridden by a will. Tom's will is ineffective as to this property because his interest ceased to exist at the moment of his death and vested in Lisa.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
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