Death of a Spouse
Community Property · Lesson 12
Death of a Spouse
這一課問的是：配偶死亡如何影響 CP 分類與分配？
ActorActObjectStandardConsequence
Core Terminology · 7 must-know
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survivor's half
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Surviving spouse owns half of CP outright.
生存者之半。
decedent's half
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Decedent may dispose of half by will.
死者之半。
§100
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CA: CP divided at death.
§100。
intestate
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No will → CP to surviving spouse.
無遺囑。
quasi-CP
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Treated as CP for death purposes.
準 CP。
Rule Sentence · the workhorse
At the death of a spouse, the surviving spouse owns one-half of the community property outright; the deceased spouse may dispose of the other half by will; if the deceased dies intestate, the entire community property generally passes to the surviving spouse.
Mini IRAC · build the Application
Issue. How is the $1M of community property divided when H dies with a will leaving his half to his sister, and W survives?
Rule. At death, the surviving spouse owns half of CP outright, and the decedent may dispose of the other half by will.
Application (model). The $1M is CP; W is the surviving spouse, and H's will leaves his half to his sister. Because at death the surviving spouse owns half of CP outright and the decedent may dispose of the other half by will, the fact that W is the surviving spouse means W owns $500,000 of the CP outright, and H's sister inherits H's $500,000 by will.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, W keeps $500,000 and H's sister receives $500,000.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: