Fill and Sign the Prenuptial Agreement Imagestemplatenet 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.
[note: in order to comply with all the above requirements, a will must be executed in full by both parties. A will is not sufficient if it states that only a spouse is valid heir on death. It is also not sufficient if it grants the gift of all property to only a specific person that is known by the words used in the will. ITII. In the event of both spouses' death, either spouse may dispose of any subject property on the death of either or both of the other and no further succession is created under the terms of this agreement or as part of the decedent's estate. Upon the death or divorce of the decedent, subject property shall pass in the following order: [note: in order to comply with all the above requirements, a will must be executed in full by both parties. A will is not sufficient if it states that only a spouse is valid heir on death. It is also not sufficient if it grants the gift of all property to only a specific person that is known by the words used in the will. ITII. In the event of both spouses' death, either spouse may dispose of any subject property on the death of either or both of the other and no further succession is created under the terms of this agreement or as part of the decedent's estate. Upon the death or divorce of the decedent, subject property shall pass in the following order:. 1 . The subject property of the decedent to its owner (husband or wife). 2. That part of the subject a property owned by the decedent's parents or parents in law, then the intestate's heirs and heirs-at-law. 3. That part of the subject property owned by a person in legal incapacity, whether the decedent's parents or parents-in-law own any part of the subject a property. V. The surviving spouse may give all the subject property to the beneficiary. Vi. A will must be executed and filed with the county court clerk within one year of the marriage and executed by the surviving spouse and must state the decedents' name, date and place of marriage and state the terms and conditions for all community property, except as expressly provided for in section v or as provided for in any other provision in this agreement or as expressly provided for in the statute of the state in effect at the time of death of the decedent. Vii. Upon receipt of the decedent's death certificate, as defined.