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Old 04-13-2018, 08:44 AM   #1
JT 12
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Default Married out of community of property with accrual

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I am married out of community of property with accrual. Can you explain to me what will happen with a property if my husband dies before me what’s bought in the time of marriage but is in my husband name!? Our contract states we both started with zero.
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Old 04-13-2018, 05:51 PM   #2
AFFA
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Default Re: Married out of community of property with accrual

I wish to inform you that as you are married out of community of property with accrual then the surviving spouse has an accrual claim against the estate, this will be a liability against the estate that must be deducted before the estate can be distributed to the beneficiaries named in the will. There may not be a problem if the first-dying spouse leaves his or her entire estate to the surviving spouse, but a problem could arise if the first-dying spouse bequeaths certain assets to another party, leaving insufficient readily realisable assets in the estate to meet the accrual claim. You may contact an attorney and seek further guidance.

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Old 04-14-2018, 02:51 AM   #3
olive
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Default Re: Married out of community of property with accrual

I would be a little curious why the asset was bought in his name only during the marriage, and what you both intended. Was it supposed to be his separate property or did you just not get your name on the property for some other reason?
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