Trusts and Estates
Ca. Trs. & Estates Quarterly 2015, Volume 21, Issue 4
Content
- Until Death Do Us Part: Marital Property Characterization In the Postmortem Setting
- Yellow Light: Trustee May Follow Authorization To Defend Contested Amendment Until Enjoined By Probate Judge
- Make No Mistake—Estate of Duke Allows Reformation of Unambiguous Wills
- Fiduciaries (And Others) Beware—An Over-reaching Release May Be Voidable
UNTIL DEATH DO US PART: MARITAL PROPERTY CHARACTERIZATION IN THE POSTMORTEM SETTING
By James P. Lamping, Esq.*
I. INTRODUCTION
The commingling of community and separate property can present significant challenges when assets are to be divided at the end of a marriage. While the bulk of the law on this subject arises from marriages that end in divorce, the division of commingled property at death often receives short shrift. This article analyzes the primary authority on this subject, and discusses the reality that some secondary sources do not necessarily accurately reflect that authority.