Restrictions on Testamentary Dispositions

Question 1

Quasi Community Property

Answer 1

Different definition for probate code. QCP is limited to all real property LOCATED IN CALIFORNIA, acquired by a decedent while domiciled elsewhere that would have been community property had decedent been domiciled in CA.

Question 2

Community Property

Answer 2

earnings and acquisitions of both spouses during marriage while domiciled in CA

Question 3

Decedent’s testamentary power with Cp

Answer 3

at the death of one spouse or DP, only decedent’s half of the CP is subject to testamentary disposition (unless if otherwise agreed upon)

Question 4

Widow’s election

Answer 4

When testator attempts to dispose of more than 1/2 community property or QCP

Widow may accept gift in will in lieu of her statutory right to 1/2 (under the will) or renounce all benefits in the will and confirm statutory right to he 1/2 (against the will)

Question 5

Decedent’s testamentary power with QCP

Answer 5

Testator, if the one who acquired the quasi community property, may dispose of only 1/2 of the QCP and surviving spouse retains 1/2 interest

NOTE: If non-acquiring spouse is testator, NO TESTAMENTARY POWER to dispose fo the QCP

Question 6

Protections regarding illusory transfers of QCP

Answer 6

Generally, an inter-vivos transfer by the decedent (acquiring spouse) of QCP to a third person w/o consideration IS allowed b/c the non acquiring spouse merely has an expectancy in the property, not a right

BUT, transfer is NOT allowed when the transfer is illusory and the surviving spouse invokes the widow’s election

Illusory if decedent retained some interest or control over the property (ownership interest, use, or co-tenancy)

Upon death of decedent, surviving spouse may require the transferee to restore 1/2 of the QCP