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David Kennett
David Kennett, Attorney
Category: Estate Law
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Experience:  25 years practicing attorney
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what is community property with survival clause

Resolved Question:

what is community property with survival clause?
Submitted: 6 years ago.
Category: Estate Law
Expert:  David Kennett replied 6 years ago.

Dear JACUSTOMER - If any property that is titled such as real estate or is held in a joint account such as a savings account has a stipulation that it is a survivorship account then upon the death of one of the parties the other party will inherit that property by virtue of the survivorship clause and it will pass outside of any probate. I'm not certain from your facts exactly what type of property you are referring to but in general a survival or survivorship clause allows the property to pass outside of probate directly to the survivor.


When the property is marital property in a community property state such as CA then it is community property with a survival clause.


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