Chapter 1 A First Look At Estate Planning Flashcards
(12 cards)
Are all states that aren’t community property States?
Common law
Rather surviving spouse automatically has a right to 50% of the decedents estate.
Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin
All have what in common?
They are community property States
Allow a spouse to wave statutory inheritance rights
A prenuptial agreement
have no inheritance requirements for spouses.
community property
- Instead, spouses are protected by the rule that each spouse owns one-half of all property acquired by either spouse during marriage.
assets acquired during the marriage are generally considered to be owned equally by both spouses, regardless of who purchased them or whose name is on the title.
- This system treats married couples as a single financial entity.
Community property states.
The principal drawback of a will
it must normally go through probate, a complicated and expensive court proceeding. Probate rarely provides any real benefit to your beneficiaries, or, indeed, to anyone, except the lawyers involved
similar to a will in function, except that no probate or other court proceedings are required to turn property over to beneficiaries.
Living Trusts