Is the separate property of a marriage disbursed per a will on death?
Full Question:
Is the separate property as opposed to joint property of a marriage disbursed as per a will on death of one party?
03/20/2009 |
Category: Wills and Estates |
State: California |
#15706
Answer:
A person cannot make a gift of property in a will unless they have ownership of it. In the case of jointly owned assets, it is possible to make a will to give the portion owned by the will maker (testator) to an heir. It will depend on the nature of the joint ownership. Property owned as joint tenants often passes outside of a will by survivorship rights. The survivor automatically inherits the decedent's share and it doesn't go through the probate process. However, if you own a share of a property as tenants in common, then the testator can leave his/her share of that property to another heir in a will.
