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Community Property Agreement

Community property agreements designate specific present and future-acquired property as community property. The main advantage to designating property this way is that it is a simple method of providing for the disposition of property upon the death of the first spouse.

Pros

  • Allows title to vest in the surviving spouse immediately upon the death of the first.
  • Simple and inexpensive.

Cons

  • Can lead to unintentional disinheritance.
  • May be a poor choice when dissolution of the marriage is likely, because the distribution of property upon dissolution might turn out much differently than it otherwise would have.
  • Can interfere with estate tax protection and eligibility for long-term care benefits and resources.

Did you know?

  • A deed creating a joint tenancy can often have exactly the same effect as a community property agreement.
  • Despite the language in a community property agreement, some types of property have to be transferred in other ways – e.g., real estate in other states, IRA’s, life insurance benefits.


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