9) Effects of Death

Question 1

effect of death

Answer 1

partition – surviving spouse gets 1/2 of CP

Question 2

death by intestacy

Answer 2

surviving spouse gets all of CP (the other half, + your half) (other intestacy rules are to divide the SP)

Question 3

surviving spouse election

Answer 3

if spouse attempts to devise surviving spouse’s share of the CP, then spouse must take either under the will or against the will (under CP sx)

Question 4

putative spouse and taking at death

Answer 4

same as a legal spouse

Question 5

quasi-community property

Answer 5

spouse must be named on title. titled spouse can dispouse of 1/2 by will

Question 6

joint tenancy property

Answer 6

survivorship, of course

Question 7

property titled in both names

Answer 7

passes to surviving spouse at death according tot itle presumption

Question 8

liability of community for debts at death

Answer 8

SP debt from SP assets, CP debt from CP assets