California Probate Code Section 86

Understanding California Probate Code Section 86

Key Concepts and Definitions

California Probate Code Section 86 is a critical piece of legislation that helps define “Separate Property” in the context of estate planning and probate proceedings. According to this section, separate property refers to any asset that is solely owned by one spouse or registered domestic partner, and not classified as community property or quasi-community property.
Understanding this distinction is crucial because separate property is not subject to division between the spouses or domestic partners upon death, unlike community property. Consequently, separate property assets can be passed on to heirs or beneficiaries without being subject to division.

Significance for Estate Planning

Comprehending the implications of California Probate Code Section 86 is vital for creating a solid estate plan. By accurately identifying and classifying assets as separate property, individuals can ensure that their assets are distributed according to their wishes upon their demise. Moreover, understanding these classifications can help prevent potential disputes among heirs and beneficiaries.

How Hess-Verdon & Associates Can Help

Estate Planning Expertise

At Hess-Verdon & Associates, we have over three decades of experience in estate planning, business, and commercial litigation. Our unparalleled expertise enables us to provide comprehensive, results-oriented legal counsel to our clients. We are committed to helping you navigate the intricacies of California Probate Code Section 86 and other estate planning laws, ensuring your assets are protected and distributed according to your desires.

Trust and Probate Litigation Services

In addition to our estate planning expertise, we are known for our dependability and sophistication in trust and probate litigation. Our services cater to trustees, beneficiaries, business entities, and real estate partners. With our extensive background in trial preparation, strategy, and presentation, we are well-equipped to handle even the most complex probate and trust litigation cases.
If you require assistance or have questions about California Probate Code Section 86 or other estate planning matters, don’t hesitate to call us at 1-888-318-4430.

FAQs on California Probate Code Section 86

1. What assets are considered separate property under California Probate Code Section 86?

Separate property typically includes assets acquired before marriage or domestic partnership, assets received as gifts or inheritances during the marriage or partnership, and assets acquired after separation.

2. How does California Probate Code Section 86 affect estate planning?

Understanding and properly classifying assets as separate property according to California Probate Code Section 86 is crucial for estate planning. It ensures that separate property assets are distributed according to the wishes of the asset owner, preventing potential disputes among heirs and beneficiaries.

3. Can separate property be converted into community property?

Yes, separate property can be converted into community property through a process called “transmutation.” This can be done through a written agreement or by commingling the separate property with community property in such a way that it becomes indistinguishable.

4. What happens to separate property in a divorce or dissolution of a domestic partnership?

In a divorce or dissolution of a domestic partnership, separate property is not subject to division and remains the sole property of the spouse or partner who owns it.

5. How can Hess-Verdon & Associates help with issues related to California Probate Code Section 86?

Hess-Verdon & Associates offers unparalleled estate planning expertise, trust and probate litigation services, and guidance on navigating the complexities of California Probate Code Section 86. Our team of experienced attorneys is committed to providing comprehensive, results-oriented legal counsel to help protect and distribute your assets according to your wishes. To get started, call us at 1-888-318-4430.