Property Distribution

Question 1

Testamentary Transfer

Answer 1

Spouse may transfer 1/2 of CP and all SP by will; other 1/2 of CP reserved for surviving spouse. Unauthorized Inter Vivos Gifts of CP: If non-consenting spouse does not void gift during decedent’s lifetime, then can only recapture 1/2 share of the unauthorized gift of CP

Question 2

Survivor’s Duty to Elect

Answer 2

Either by explicit clause in will or no explicit clause in will. If decedent attempts to pass survivor’s 1/2 interest, then the surviving spouse must elect between the will and CP rights- allowed to assert one or the other, but not both

Question 3

Intestacy- Decedent’s CP

Answer 3

Decedent’s 1/2 of CP passes to surviving spouse–> surviving spouse obtains 100%

Question 4

Intestacy- Decedent’s SP

Answer 4

Decedent’s SP passes entirely to the surviving spouse when decedent has no surviving issue, parent, brother, sister, or issue of a deceased brother or sister. Decedent’s SP passes 1/2 to surviving spouse when decedent leaves only one child or the issue of a deceased child or a parent, or their issue, or the issue of either of them. Decedent’s SP passes 1/3 to the surviving spouse when decedent leaves more than one living child, etc.