A married California couple is taking title to a condominium. They want the survivor to own the whole unit immediately at the first death without probate, and they also want the entire property revalued for income tax purposes at that death. Which vesting accomplishes both?
Correct Answer
B) As community property with right of survivorship
California Civil Code section 682.1 lets spouses take title as community property with right of survivorship when the transfer document expressly declares it: the survivor takes the whole property without administration, by the same procedures that apply to joint tenancy. Because the property keeps its community character, the full value is revalued for income tax purposes at the first death under 26 U.S.C. section 1014(b)(6), not just the decedent's half. Joint tenancy avoids probate but revalues only the deceased tenant's half. Community property without a survivorship declaration and a tenancy in common both leave the decedent's half to pass by will or intestate succession, which means probate.
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Related Topics & Key Terms
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Key Terms:
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