Texas and California’s Option of Community Property with Survivorship Rights: Triumphs, Struggles, and Potential Improvements

Estate Planning and Community Property Journal, 2011-2012

Texas Tech Law School Research Paper No. 2011-07

25 Pages Posted: 17 Apr 2011 Last revised: 24 Apr 2011

Whitney Savage

Texas Tech University School of Law

Date Written: April 15, 2011

Abstract

In Texas and California’s Option of Community Property with Survivorship Rights: Triumphs, Struggles, and Potential Improvements, student author Whitney Savage discusses the modified community property option offered in California and Texas including rights of survivorship. The author begins by fully explaining the application of the modified community property system and what it means to each state.

Furthermore, she examines the challenges and issues that have faced each state in implementing the system. Savage analyzes how certain married couples will benefit from the adjusted community property system, as well as tax benefits that could affect the community property system. Finally, the author summarizes the pros and cons to the new system and each state and suggests that each state learn from the other to fully maximize the benefits of the new system.

JEL Classification: K19

Suggested Citation

Savage, Whitney, Texas and California’s Option of Community Property with Survivorship Rights: Triumphs, Struggles, and Potential Improvements (April 15, 2011). Estate Planning and Community Property Journal, 2011-2012; Texas Tech Law School Research Paper No. 2011-07. Available at SSRN: https://ssrn.com/abstract=1811047

Whitney Savage (Contact Author)

Texas Tech University School of Law ( email )

1802 Hartford
Lubbock, TX 79409
United States

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