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Form #943Agreement As to Disposition of Community Property
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Agreement As to Disposition of Community Property after Death of Spouse - Free Legal Form
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Agreement as to
disposition of community property after death of spouse.
Agreement is made this _________, 19__, between
_________, of _________, husband, and _________, of _________, wife.
Recitals:
The parties are now and ever since _________, 19__,
have been husband and wife.
Each of the parties were married prior to their
marriage to each other, and each have children born of their former marriages,
but there are no children born of the marriage of the parties.
Husband was at time of marriage to wife the owner of
certain real estate at _________, which property was and is the sole and
separate property of husband.
At the time of the marriage, husband was owner of
certain personal property which has been used by both husband and wife since
their marriage, and is commingled with their earnings since marriage.
It is agreed that that personal property is the
community property of the parties.
Husband has made a will providing for support and
maintenance of wife.
Wife desires that if she shall die prior to death of
husband that husband shall have the right to use of her ½ of community property
for the remainder of his life, subject to the terms and conditions contained in
this agreement, and that such use of the property by husband shall be vested in
husband under the terms of this agreement.
Therefore, it is agreed as follows:
1. In consideration of the mutual agreements, husband
agrees that in event of death of wife prior to his death, husband shall
promptly have a complete inventory made of all personal property owned by the
parties at the time of death of wife, fixing their fair market value, such
inventory and appraisement to be taken by three disinterested persons, and the
value fixed by the appraisers shall become final and conclusive as to the value
of the community property.
2. After the inventory, husband agrees to provide, by
codicil or otherwise, that at time of his death, there shall be paid in equal
shares to the heirs of wife, named below, value of ½ of the community property
without interest, after death of husband.
3. On death of wife, if she shall die prior to death
of husband, title to all of the community property shall become immediately
vested in husband, and heirs of wife shall have no right or interest in it,
except as against estate of husband after his death and only to amount of
respective shares in ½ of the community property as determined by such
inventory, and nothing contained in this agreement shall be deemed to in any
wise give heirs of wife any right or claim to it, until after death of husband.
4. The share of wife in the community property shall
be paid to the following-named persons in equal shares and in case of death of
any of them, shall go to the child or children of such heirs, if any. If any
heirs shall die without issue, then the shares shall be divided among the
remaining heirs or the child or children of any of them who are deceased.
The names and addresses of the heirs are as follows:
_________.
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These forms are provided to assist business owners and others in understanding important
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that no legal advice, accounting, or other professional service is being offered
by these documents or on this website. Laws vary in the different states. Agreements
acceptable in one state may not be enforced the same way under the laws of another
state. Also, agreements should relate specifically to the particular facts of each
situation. Therefore, it is important to consult legal counsel whenever utilizing
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is not engaged in recommending or referring members on the site or making claims
about the competence, character or qualifications of its participating members.
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Keywords: legal forms, death of spouse, disposition of community property, community property
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