Spousal Inheritance in California
In California, the rights of one spouse to inherit property and assets from their deceased spouse are governed via specific laws and regulations pertaining to inheritance of an estate. Generally speaking, in most circumstances, a spouse would not automatically inherit their spouse’s entire California estate. Instead, the amount of inheritance and distribution of estate assets would depend on many factors. This would include whether property held in the deceased’s estate was legally considered community property of the marriage, or separate property belonging separately to the deceased spouse. Details such as whether the deceased spouse left behind a last will and testament and estate plan, or passed away intestate (without an estate plan) will also come into play, along with shifting dynamics determined by whether the surviving spouse chooses to exercise their elective share option.
As you can see, truly understanding a spouse’s inheritance rights in California can be a complicated process. It is important to understand how inheritance rights of your spouse will automatically play out, so you can make whatever adjustments you feel are necessary in other family-planning legal documents: such as prenuptial agreements and postnuptial agreements. Understanding spousal inheritance rights in California can help to ensure that the interests of both spouses are protected, and that a decedent’s true wishes and final intentions are fulfilled.
Community Property vs. Separate Property
It is important to understand the concept of community property and separate property In California. Generally, property acquired during the course of a marriage will be deemed “community” property. Both spouses are deemed to have an equal interest in community property, and it is divided equally between them in the event of death or divorce (this can, of course, be changed given the terms of a valid prenuptial or postnuptial agreement.)
Again, generally, separate property refers to assets or property that was obtained by one spouse prior to the marriage, or during the course of the marriage through a specific means such as an inheritance or gift. Separate property will generally be the sole property of one spouse and is not subject to division.
Community property and separate property can, potentially, be subjected to different treatment where inheritance rights are concerned. Many of the specific terms relating to community property and separate property in your own marriage can be manipulated via terms in prenuptial and postnuptial agreements.
Spousal Inheritance
Individuals can accomplish a lot by expressing their intentions as to their estate during their lifetimes. However, if a person passes away without a valid will, what their spouse inherits from the estate will be determined via the laws of intestate succession. California’s intestate succession laws specify that a surviving spouse will inherit the entirety of a deceased spouse’s estate IF the deceased spouse died without any surviving children, parents, or siblings. However, any surviving parents, siblings, or children may be entitled to a portion of the deceased’s estate. This will decrease the amount inherited by the surviving spouse.
Contact Cardwell, Steigerwald Young for Help Setting Up Your Marital Estate
How your estate is distributed in the end often has everything to do with how it was set up in the beginning. A valid prenuptial or postnuptial agreement can help to ensure that your assets and your estate are classified and distributed in the way that you envision. The experienced San Francisco prenuptial and postnuptial agreement attorneys at Cardwell, Steigerwald Young can help walk you through creating a prenuptial or postnuptial agreement that serves all of your needs – both present and future. Contact our office today to begin speaking with our respected team.
Sources:
finance.yahoo.com/news/legalzoom-encourages-couples-consider-prenuptial-201500908.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAAGYQvJFNePvVy7TZuCyhKf2TD7b6v6NR8Un1Lct3CIVk8831b5Agn2TXPMpWARtEKJH1Xt340KsOXk6FfnJGeQEWrrnXUKHcjb1C1zVl1OBI__cuUH371hi00FsgR4nXDDXI0fQN1Y81DIF3beddByzbO_74iGRgFkkS_XmS-102
myjournalcourier.com/news/article/is-prenup-worth-consideration-non-celebrities-19746054.php
