COMMUNITY PROPERTY INTEREST UPHELD IN PROBATE

By Kent Berk on November 8th, 2012 in BLOG, Probate, PROBATE LITIGATION

Under community property law, each spouse owns one-half of all community property. Community property is generally any property earned or received during marriage, except through a gift from someone else or from someone else’s estate.

So, is the surviving spouse entitled to one-half the total value of community property upon the death of her husband or one-half the value of each community asset? In this probate case, the Court answered that question, summarized by Arizona probate lawyer Kent Berk in this video. You can also read the Court of Appeals’ decision, In Re Estate of Fred Kirkes. Watch this video: