§ 104 Community Property Revocable Trusts

This law says that if a married couple owns property together and puts it in a revocable trust, the trust's rules decide what happens to that property after one of them dies, instead of the usual community property rules.

Key Takeaways

•Property in a revocable trust follows the trust's instructions for death.
•This overrides the usual community property rules.
•Only applies to community property held in a revocable trust under Family Code section 761.

Example

A married couple buys a house and puts it in a revocable trust that says the house goes to the surviving spouse if one of them dies.

Because the house is community property in a revocable trust, the trust decides who gets it when one spouse dies, not the normal inheritance rules.

Notwithstanding Section 100, community property held in a revocable trust described in Section 761 of the Family Code is governed by the provisions, if any, in the trust for disposition in the event of death. (Amended by Stats. 1992, Ch. 163, Sec. 119. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)

Key Takeaways

•Property in a revocable trust follows the trust's instructions for death.
•This overrides the usual community property rules.
•Only applies to community property held in a revocable trust under Family Code section 761.

Example

A married couple buys a house and puts it in a revocable trust that says the house goes to the surviving spouse if one of them dies.

Because the house is community property in a revocable trust, the trust decides who gets it when one spouse dies, not the normal inheritance rules.

Key Takeaways

Example

Key Terms

References

§ 104 Community Property Revocable Trusts

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References