A man dies testate, leaving a wife and minor son. He leaves all of his property to his son. His wife claims her elective share under the Uniform Probate Code. How will the man’s property be distributed?
Question & Answer
Review the question and all answer choices
All to the wife
A is incorrect because California law does not grant the wife all property. While she has rights to community property, she only owns half of community property, not all of it. The will controls the distribution of the husband's half of community property and all separate property.
All to the son
Part to the wife and part to the son
C is incorrect because California's community property system doesn't work through elective shares. The wife doesn't claim a portion through the Uniform Probate Code - she already owns half of community property outright. The will controls the distribution of the husband's half of community property.
None to the wife
D is incorrect because the wife does have rights to community property in California. She owns half of all community property acquired during marriage, regardless of the will's terms. She only has no claim to separate property left to others in the will.
Why is this correct?
B is correct because California is a community property state where the wife already owns half of all community property acquired during marriage. The elective share under the Uniform Probate Code doesn't apply in California as it does in other states, so the husband's will can distribute his half of community property and all separate property to the son.
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