Death

Question 1

Testate

Answer 1

• Each spouse has testamentary control over her SP + 1/2 of CP (QCP).
• Surviving spouse may receive non-probate xfers (JT/pension)

Question 2

Surviving Spouse’s Election

Answer 2

If spouse’s will bequests a CP asset to 3rd party (passing 1/2 of surviving spouse’s CP interest in that asset), the
surviving spouse must choose between CP rights or rights under will.

Question 3

CP w/ Right of Survivorship

Answer 3

• If asset so titled, then surviving spouse takes full title.

Question 4

Intestate Succession

Answer 4

• CP: Surviving spouse inherits deceased spouse’s 1/2 interest in CP and QCP
• SP (see intestacy rules under Wills and Trusts)