Texas and California’s Option of Community Property with Survivorship Rights: Triumphs, Struggles, and Potential Improvements
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Both California and Texas operate a modified community system with the choice of survivorship rights, meaning that a couple has a choice when allocating their community property estate to ensure survivorship rights while maintaining community property. Focuses on how each state's application of the modified community property system can be improved by comparing case holdings and the effect of state and federal statutes on estate planning. Part II discusses the application of the modified community property system. Part III focuses on the history of California and Texas's modified community property systems. Part IV addresses the complications Texas and California have faced under a comingled system as well as the reasonable limits both states have implemented to minimize confusion. Part V discusses non-probate and taxation benefits will shed light on how the modified community property alternative can benefit certain married couples. Part VI concludes with both California and Texas's strong and weak points in providing married couples with the option of community property with right of survivorship and how both states can improve by learning from one another.