Fill and Sign the In the County Court of County Mississippi Form

- 1 - COMMUNITY PROPERTY SURVIVORSHIP AGREEMENT THIS AGREEMENT is made on the _____ day of _______________, 20___, between __________________________ ("Husband") and ____________________________] ("Wife"), husband and wife, both of whom are domiciled in the State of ________________. THEREFORE, in consideration of the mutual promises and obligations set forth hereafter, each party hereto agrees as follows: I. Revocation of Prior Agreements. Any prior Community Property Agreement, or any other agreement other than a Will or trust, which was signed both parties, prior to this date, and which specifically provides for the disposition of their community property at the time either or both of them die, then any such agreement is terminated by this Agreement. II. Property Covered This Agreement shall apply to all community property now owned or hereafter acquired by Husband and Wife. Any separate property of either, now owned or hereafter acquired shall become and be considered community property upon the death of the party owning said separate property. All such community property is referred to in this Agreement as the "subject property". III. Vesting On the death of either Husband or Wife, all of the subject property shall vest in the survivor of them. IV. Disclaimer Upon the death of either spouse, the surviving spouse may disclaim any interest passing under this Agreement in whole or in part, and the interest disclaimed shall pass under the terms and conditions of any validly executed Will which the decedent may have executed or in default thereof, according to the laws of intestacy as governed by the statutes of the State of _________ then in effect.
2 . Rights of survivor in community property. In the event of the death of either husband or wife without an interstates will, after notice has been provided to the other spouse, each member of the first family may make will in the name of their community in full faith and with full knowledge that it may be revoked by the second spouse without notice and at his or her discretion. If death occurs in the course of any legal proceeding or before a court of competent jurisdiction, the surviving spouse shall have all right and power to make and execute and sign such will or to exercise such powers in conjunction or concurrence with his or her wife, as would have been acquired by her by the death of her husband after making such will or before making and executing and signing the instrument of her death as described in the previous section of this agreement. The surviving spouse hereby waives all rights of survivorship under any will, will by law or under any other instrument by which succession may be acquired, which the surviving spouse had by reason of his or her relation with either the first or second spouse prior to the death of his or her former spouse. Iv. Prior to the making of any will, upon the death of her husband. If she dies before he does, then her surviving spouse shall have rights of survivorship in all of her property to the extent of his interests in that property. [3] 4. Agreement not to contest succession. Each party hereto agrees to take no steps to contest the succession by the death of the other spouse. [4] 5. Administration of estate, in cases of intestacy. [5] 6 . Assumption of title by surviving spouses. When a person is deemed to be domiciled in this state with his or her spouse, and they are both dead, the surviving spouse shall be deemed to have assumed title to his or her decedent spouse's community property at the time of his or her death unless at the time of such death or upon such determination of the surviving spouse's domicile, the surviving spouse has had actual notice of such assumption and has given written notice of his or her desire to assume title. If a surviving spouse is not able to assume title to his or her decedent spouse's property, an individual named therein as trustee shall assume such title. [6] vii. Disclaimer. Husband and wife both acknowledge that neither has made, nor will ever make, or consent to make, any provision in any will or trust, including the.