Low - CP

Question 1

Illusory Transfer of QCP

Answer 1

surviving spouse may compel inter vivos transferee of QCP to restore 1/2 of property value
Exists when: (1) decedent died in CA (2) consideration of substantial value was not received (3) transfer made w/o surviving spouse’s written consent and (4) decedent retained some interest or control of property

Question 2

Property acquired w/ commingled funds

Answer 2

Property acquired w/ commingled funds AND is no title presumption
Under Moore, CP & SP are apportioned based on their respective contributions

Question 3

Life insurance -CP

Answer 3

Whole life insurance: paid for w/CP and SP = courts use Buy-In Rule: CP value is apportioned using the # of premium payments made w/CP divided by total # of premium payments
Term life: designated CP or SP according to characterization of last payment made under Final Payment Rule

Question 4

Pro-Rate Rule: CP funds used to pay SP loan

Answer 4

community is entitled to pro-rata ownership share of the property for amounts that reduced the principal debt on the asset