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California Probate Code Section 21610
Share of Omitted Spouse
Except as provided in Section 21611, if a decedent fails to provide in a testamentary instrument will for the decedent’s surviving spouse who married the decedent after the execution of all of the decedent’s testamentary instruments, the omitted spouse shall receive a share in the decedent’s estate consisting of the following property in the estate:
- The one-half of the community property that belongs to the decedent under Section 100.
- The one-half of the quasi-community property that belongs to the decedent under Section 101.
- A share of the separate property of the decedent equal in value to that which the spouse would have received if the decedent had died without having executed a testamentary instrument, but in no event is the share to be more than one-half of the value of the separate property in the estate.
All gifts left to a tax-exempt charitable organization are exempt from
Trust which leaves money or property to a charity. Often results in income
tax or estate tax savings for the grantor (person giving the money or
The legal designation of who is authorized to make decisions about a child’s
health, education and welfare, as well as where he or she lives. Custody
is broken down into categories
legal custody means decision making power,
and physical custody is where a child lives, and how he or she spends
time with parents or other custodians, often called a Parenting Plan.
purposes of planning your estate, your children include your biological
and adopted children. For children born out of wedlock, paternity must
be proved or the children must be legally acknowledged to be the child
of the parent(s).
All property you leave to a child in a trust is established and managed
under the terms of the trust.
You are able to specify the trustee's power and select the age the beneficiary
must reach before the trust property is turned over.
This trust allows property to be held legally separate from the other
The obligation for a periodic payment made by a non-custodial parent to
a custodial parent, caregiver or guardian for the support and care of
a child. Child support in California is broken down into 2 categories
the monthly amount which one parent pays the other each month, and child
support “add-ons”, i.e., work-related childcare, uninsured medical bills,
and lessons, camp and activities for a child.
The amount of time, and the schedule, which a child spends with each parent.
The more modern term is “parenting plan”, since a parent isn’t really
a “visitor” with his or her child. Visitation falls under the designation
of physical custody, and isn’t impacted by legal custody (decision-making
Rights that award visitation to the non custodial
parent, caregiver, or guardian. Generally, biological parents have the
right to see their children, whether it’s 50% of the time in their physical
custody or whether it’s a supervised visit at a correctional facility.
It’s generally a question of amount of time and where that time is spent.
Codicil a document
which amends an existing will.
Common Law Marriage
Parties who are living together as if they are married, but who have never
had a legal marriage ceremony. California does not recognize common law
marriages, but does, under certain circumstances, recognize palimony.
California’s method of division of property in the event of a divorce
or for valuing an estate. California’s community property law basically
includes as “community property” all assets and debts and income acquired
during a marriage, before permanent separation. Exclusions include, but
are not limited to, premarital property, inheritances, gifts from family
or friends to just one spouse, student loans.
Gift which is only to be made if certain conditions are met. Example
Grandpa can specify that you will inherit grandpa’s estate only if you
are married when he dies.
Person appointed by a court to manage the finances and affairs of a mentally
generally in writing, between two or more people or legal entities. Each
entity promises to do something in exchange for the promises made in the
A modern term for child custody which implies a cooperative style of parenting
for parents who are no longer married or living together but who wish
to maintain a good relationship for the sake of their children.
Many couples go to couples’ counseling before making a final decision
to marry, making sure their values, goals and priorities are in line,
and to learn how to communicate better. If you are not sure if you have
found “the one”, exploring your options and feelings with
a therapist, whether it’s an individual therapist or couples’
counselor, may be a good investment.
or legal entity to whom money or a debt is owed.
of a surviving spouse to receive or enjoy a percentage of the deceased
spouse’s property if the spouse dies without a will or estate plan, or
if the will or estate plan attempts to disinherit the spouse without a
valid premarital or post marital agreement permitting the spouse to be
disinherited. In California, this is 1/3 of the entire estate.
in charge of caring for property left to a minor under the Uniform Transfers
or Uniform Gifts to Minors Act.