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hi temecula probate attorney scott grossman and i'm discussing today how community property affects the rights of a surviving spouse community property is really really important when your loved one dies and they've got some assets that look like they're going to need to go through probate now remember community property and separate property only apply to married couples this really doesn't have anything to do with their children or their grandchildren so the person this is important for is the surviving spouse the surviving husband or the surviving wife if your spouse has died and they held property in their own name but that property is community property then you as the surviving spouse will want to assert your rights to their property there are a couple of different ways to do this one way is to file a spousal property petition and that is a petition in which you're making your claim to say wait a minute this is community property this is mi

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