Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

Community property states have no elective share statutes. There is an exception for quasi-community property in Idaho and California. Each spouse has unrestricted disposition over separate property. In a community property state, the surviving spouse is put to an election if the deceased spouse leaves a will that purports to dispose of the entire interest in community property, and not just the one-half community property over which he has the power of testamentary disposition. If a spouse elects against a will that disposes of her share of community property the spouse relinquishes all testamentary gifts in her favor made in the will and may retain all of her community property. (If the spouse takes under the will, the decedent's will operates to transfer the surviving spouse's one-half community property, as well as his own.) Most community property states hold that a spouse can make reasonable gifts of community property so long as such gifts are not in fraud of the other spouse's community property rights. The minority allows the spouse who does not join in or consent to such a transfer to elect to set the transfer aside. When community assets are imported into a common law state, the ...

Register or login to access full content