Legal Question in Wills and Trusts in California

community property

I want my stock brokerage account to pass to my wife, without probate, upon my death. Should she be on the account as ''community property'', or ''Joint ownership with rights of survivorship''?


Asked on 1/25/08, 12:20 pm

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: community property

Joint ownership with rights of survivorship has adverse income taxe effects. Community property must pass to your wife through a probated. You should have a trust in which all of your assets are in the trust, that account as well. That will allow you to enjoy the advantageous income tax treatment of community property and avoid probate.

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Answered on 1/25/08, 1:18 pm


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