Article on Texas and California’s Option of Community Property with Survivorship Rights

Whitney Savage (2012 J.D. Candidate, Texas Tech University School of Law) recently published her article entitled Texas and California’s Option of Community Property with Survivorship Rights: Triumphs, Struggles, and Potential Improvements, Estate Plan. and Comm. Prop. J. (2011-2012). The abstract available on SSRN is below:

In Texas and California’s Option of Community Property with Survivorship Rights: Triumphs, Struggles, and Potential Improvements, student author Whitney Savage discusses the modified community property option offered in California and Texas including rights of survivorship. The author begins by fully explaining the application of the modified community property system and what it means to each state.

Furthermore, she examines the challenges and issues that have faced each state in implementing the system. Savage analyzes how certain married couples will benefit from the adjusted community property system, as well as tax benefits that could affect the community property system. Finally, the author summarizes the pros and cons to the new system and each state and suggests that each state learn from the other to fully maximize the benefits of the new system.