Lisa and Tom are married Nevada residents who hold their primary residence as standard community property (not community property with right of survivorship). Tom dies without a will. Under Nevada law, what happens to Tom's interest in the community property home?
Correct Answer
B) Tom's interest passes through intestate succession; his heirs may inherit his one-half interest alongside Lisa.
Standard community property in Nevada does NOT include an automatic right of survivorship. When a spouse dies holding standard community property, their one-half interest is subject to disposition through their estate — either by will or, if they die intestate, through Nevada's intestate succession laws under NRS Chapter 134. Dying without a will does not mean the property automatically goes to the surviving spouse; other heirs (such as children) may have claims to the deceased spouse's half. This is precisely why community property with right of survivorship (CPWROS) was created as a separate, expressly chosen form of title.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
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