Pursuant to PC13600 the surviving spouse may collect unpaid compensation up to $5,000 without procuring Letters by affidavit as laid out in PC 13601. Texas Probate Passport: A Guide to Probate and Estate Planning in Texas Sample Spousal Property Petition and Spousal Property Order are attached as Exhibits JBP 8 and JBP 9. Mary F. Gillick. Please wait a moment while we load this page. The petition may also request an order confirming the ownership of the surviving spouse of property belonging to the surviving spouse under Section 100 or 101. On 10/31/2018 SMITH, SHERMAN W - DECEDENT filed a Probate - Other Probate court case in Los Angeles County Superior Courts. In addition, for non-profit, educational, and government users. Copyright 2023, Thomson Reuters. John Dearman (c) Property in which the decedent's will limits the surviving spouse to a qualified ownership. First of all, it does not include real or personal property outside the state of California. The Probate Code has since been repealed and replaced with the Estates Code. Section 100 and the one-half of the quasi-community property that belongs to the surviving spouse Art. of the estate, or conservator of the estate of the surviving spouse, all or a portion What is a Heggstad Petition? Allegations in petition for distribution concerning character of property. (b)The election shall be made by a writing specifically evidencing the election filed in the proceedings for the administration of the estate of the deceased spouse within four months after the issuance of letters, or within any further time that the court may allow upon a showing of good cause, and before entry of an order under Section 13656. It may not work in every case and may not be the best answer but you should always consider it as it is typically the most economical way to transfer property to the surviving spouse. (a)Upon the election of the surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse, all or a portion of the following property may be administered under this code: (1)The one-half of the community property that belongs to the decedent under Section 100, the one-half of the quasi-community property that belongs to the decedent under Section 101, and the separate property of the decedent. (b)The election shall be made by a writing specifically evidencing the election filed in the proceedings for the administration of the estate of the deceased spouse within four months after the issuance of letters, or within any further time that the court may allow upon a showing of good cause, and before entry of an order under Section 13656. Original Source: xbbbQc`b```&/&F}" 6, 2016). (a)Upon the election of the surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse, all or a portion of the following property may be administered under this code: (1)The one-half of the community property that belongs to the decedent under Section 100, the one-half of the quasi-community property that belongs to the decedent under Section 101, and the separate property of the decedent. Pursuant to PC 6510 the Court may order the property of the decedent exempt from enforcement of a money judgment to the surviving spouse or minor children. Except as provided in this chapter, when a husband or wife dies intestate leaving property that passes to the surviving spouse under Section 6401, or dies testate and by his or her will devises all or a part of his or her property to the surviving spouse, the property passes to the survivor subject to the provisions of Chapter 2 (commencing with In such cases, the surviving spouse or partner may file a spousal or domestic partner property petition for an order confirming that the decedent's property passes or belongs to the surviving spouse or partner. For full print and download access, please subscribe at https://www.trellis.law/. (1) The one-half of the community property that belongs to the decedent under Section 100, the one-half of the quasi-community property that belongs to the decedent under Section 101, and the separate property of the decedent. Join thousands of people who receive monthly site updates. endstream endobj 1 0 obj <> endobj 2 0 obj <. Universal Citation: CA Prob Code 13502.5 (2022) 13502.5. Illinois A Spousal Property Petition is filed separately from a Petition for Probate, even if they are filed at the same time. (c) A guardian or conservator may file a petition under this section without authorization or approval of the court in which the guardianship or conservatorship proceeding is pending. All rights reserved. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Art. of the following property may be administered under this code: (1) The one-half of the community property that belongs to the decedent under Section 100, the one-half of the quasi-community property that belongs to the decedent under You're all set! 5. California Probate Code Section 13503. Art. will be able to access it on trellis. Pursuant to Probate Code 6500 et seq. PC 144 further provides if, after considering all relevant facts and circumstances, the court finds that enforcement of the waiver pursuant to subdivision (a) would be unconscionable under the circumstances existing at the time enforcement is sought, the court may refuse to enforce the waiver, enforce the remainder of the waiver without the unconscionable provisions, or limit the application of the unconscionable provisions to avoid an unconscionable result. Board of Patent Appeals, Preamble Part 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION . LawServer is for purposes of information only and is no substitute for legal advice. Code Forms, Probate 13502(a) Form 1 (7th ed.) to Surviving Spouse Without Administration. That this Affidavit is made for the protection and benefit of the surviving spouse, his/her successors, assigns and personal representatives and all other parties hereafter dealing with or whomay acquire an interest in the above- Your content views addon has successfully been added. (b) Compliance with Probate Code section 13502 If any property is to be distributed outright to the surviving spouse, a written election by the surviving spouse that complies with Probate Code section 13502 must have been filed, and the petition must show the filing date of the election. Info on the property: The house was in my mom's name because my dad had bad credit and they had to refinance the house in 2011. PROBATE CODE 13502. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. North Carolina An Inventory and Appraisal is not required when using the SPP procedures. You can explore additional available newsletters here. (PC 13500 et seq.). Adding your team is easy in the "Manage Company Users" tab. New York has a special statute which protects spouses from being disinherited. Virginia We will always provide free access to the current law. Pursuant to PC 13502 this election shall be made in writing within four months of Letters issuing or at any other time as the court may allow upon a showing of good cause. we provide special support IV - States' Relations You already receive all suggested Justia Opinion Summary Newsletters. Rule 7.652 adopted effective January 1, 2004. Your alert tracking was successfully added. Probate. California Probate Code Sections 13050 and 13500 provide some exclusions: California Probate Code Section 13050: (a) For the purposes of this part: In addition, Art VII - Ratification. We noticed that you're using an AdBlocker, PROBATE EX PARTE APPLICATION FOR ORDER ALLOWING LATE FILED ELECTION UNDER PROBATE CODE SECTION 13502 FILED BY PETITIONER SHAPIRO, MARY. Track Judges New Case, Greenberg, Linda They should have the same case number. Probate Code - PROB DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION CHAPTER 1 - General Provisions Section 13502.5. BBB Start with Trust . Shapiro, Stephen, The term probate refers to the legal process in which a person's assets are distributed upon their death, according to their will. 2. CALIFORNIA PROBATE CODE. 13502 (a) Upon the election of the surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse, all or a portion of the following property may be administered under this code: (1) View on Westlaw or start a FREE TRIAL today, 13502(a) Form 1. The surviving spouse may also elect to take community property (or quasi CP) against the decedents will. Section 13502, California Probate Code Section 13502 (a) Upon the election of the surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse, all or a portion of the following property may be administered under this code: (b) Property disposed of in trust under the decedent's will. (2) That the community or quasi-community property to be distributed is either the decedent's one-half interest only, or the entire interest of the decedent and the decedent's spouse. (b) Except as provided in Sections 143, 144, 146, 16040, and 16047 of the Probate Code, in transactions between themselves, a husband and wife are subject to the general rules governing fiduciary relationships which control the actions of persons occupying confidential relations with each other. (a) Circumstances giving rise to liability In addition to any liability which he may have under any other provisions of this part, a fiduciary with respect to a plan shall be liable for a breach of fiduciary responsibility of another fiduciary with respect to the same plan in the following circumstances: (1) Pursuant to PC 6500 the decedents surviving spouse and minor children are entitled to remain in possession of the family dwelling and use the decedents personal property. x2T0P0 https://california.public.law/codes/ca_prob_code_section_13500. (a)Upon the election of the surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse, all or a portion of the following property may be administered under this code: (1)The one-half of the community property that belongs to the decedent under Section 100, the one-half of the quasi-community property that belongs to the decedent under Section 101, and the separate property of the decedent. Upon the death of a married person, one-half of the community property belongs to the surviving spouse and the other half belongs to the decent (PC 100). Estate taxes aren't deducted. 1. West's California Code Forms with Commentaries | May 2022 Update. Texas There has not been nor will there be an election filed pursuant to Probate Code Sections 13502 or 13503 (election to probate spouse's interest in such real property or transfer it to spouse's trust). (2)The one-half of the community property that belongs to the surviving spouse under Section 100 and the one-half of the quasi-community property that belongs to the surviving spouse under Section 101. c) adult children who are incapacitated from earning a living and were dependent in whole or in part upon the decedent for support; d) upon Court order a family allowance can also be provided to other adult children who were actually dependent on the decedent and a dependent parent. The rights of the surviving spouse are governed by PC 140 et seq. The good news is that Probate Code 850 offers litigants the ability to resolve property disputes related to a decedent's estate or trust, or a guardianship or conservatorship estate, in the probate court. Call or Text: 800-965-1106 Click to send an Email to John, As I went through my outline from my 2008 presentation, for NBI, on California probate law I realized I had pretty extensive materials on surviving spousal rights. Original Source: in the proceedings for the administration of the estate of the deceased spouse within This confidential relationship is a fiduciary relationship subject to the same rights and duties of nonmarital business partners, as provided in Sections 16403, 16404, and 16503 of the Corporations Code, including, but not limited to, the following: (1) Providing each spouse access at all times to any books kept regarding a transaction for the purposes of inspection and copying. Of course, not all waivers are enforceable. (a) The surviving spouse or the personal representative, guardian of the estate, or conservator of the estate of the surviving spouse may file an election and agreement to have all or part of the one-half of the community property that belongs to the surviving spouse under Section 100 and the one-half of . For Sale: 899000 - Residential, 3 bed, 2 bath, 1,428 sqft at 1887 Newhall Street in Bayview. Under California Probate Code Sections 13500-13053, if some or all of a deceased spouse's estate goes to the surviving spouse, that property may be transferred without probate administration. If you have any questions, or need a California probate attorney, let me know by phone, text, email, Skype, Zoom, Fax, or visit our website at www.californiaprobate.info. Your recipients will receive an email with this envelope shortly and 1062 0 obj <>stream as provided in Section 13502, to have . (b) Compliance with Probate Code section 13502. Method One: If the real property's gross fair market value does not exceed $55,425 (before April 1, 2022 and regardless of the total value of the estate), use the affidavit procedure of Probate Code sections 13200 - 13210 ( Prob. Terms Used In California Probate Code 13502 Community property: means : California Probate Code 28 Pursuant to PC 13551 the liability shall not exceed the fair market value at the date of death, less liens and encumbrances, of the decedents interest in the property. The name of this statute is called "The Right of Election". Code, 13500, 13502; Fam. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=13500. We are currently collect data for this state. filing deadline in order to avoid an automatic continuance is noon on 10/4/21 . I find any topic that I present to a room full of attorneys, like this one, is always a good way to make sure I know all the ins and outs! Under this statute a spouse is entitled to a minimum "elective share" of the assets of his or her spouse. Florida If the decedent died without a will (intestate succession) the decedents one-half of the community property passes to the surviving spouse (PC 6401). PC 143(b) provides that Section 721 of the Family code does not apply if the waiver is enforceable under this section. Election to subject spousal property to estate administration, Secondary Sources . may allow upon a showing of good cause, and before entry of an order under Section 13656. Disposition of Estate Without Administration, Passage of Prop. This for a period of 60 days after the inventory is filed or longer upon Court order. If the waiver, agreement, or property settlement is made after December 31, 1984, PC 147 provides that they are invalid insofar as it affects the rights listed in 141(a) unless it satisfies the requirements of PC 140-147. You can always see your envelopes ID. Judge John Dearman presiding. as mentioned above, title companies). FC 721 relates to the fiduciary relationship between a husband and a wife; i.e. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Michigan Art. Pursuant to PC 6540 the following are entitled to such reasonable family allowance out of the estate as is necessary for their maintenance according to their circumstances during administration of the estate: Surviving Spouses Right to Community Property. Probate Code section 143 provides that a waiver is enforceable unless the surviving spouse proves either of the following: a fair and reasonable disclosure of the property or financial obligations of the decedent was not provided to the surviving spouse prior to the signing of the waiver unless the surviving spouse waived such a fair and reasonable disclosure after advice by independent legal counsel. PC 145 provides that if the language of the waiver or property settlement agreement provides to the contrary, a waiver of all rights (or similar language) in the property or estate of a present or prospective spouse, or a complete property settlement entered into after or in anticipation of separation or dissolution or annulment of marriage, is a waiver by the spouse of the rights described in PC 141(a). Rule 7.652 adopted effective January 1, 2004. Section 13502 - Property administered under code (a) Upon the election of the surviving spouse or . Different courts require different levels of proof to substantiate the claim that the property is community property. I hope you find it interesting reading my outline! The Judges overseeing this case are SIMPSON, C. EDWARD and GARCIA, RUBEN. we provide special support entrepreneurship, were lowering the cost of legal services and I am the successor to decedent's interest in such real property and I have full power to sell, lease, encumber and otherwise deal with . the transfer is one in which the decedent retained an interest, or one in which the decedent held the property in joint tenancy at the time of death. (2) The one-half of the community property that belongs to the surviving spouse under However, it may be done within three months of filing the SPP. of (b)The election shall be made by a writing specifically evidencing the election filed in the proceedings for the administration of the estate of the deceased spouse within four months after the issuance of letters, or within any further time that the court may allow upon a showing of good cause, and before entry of an order under Section 13656. Oregon Category: Estate Planning Attorney Showing: 88 results for Estate Planning Attorney near Otsego, NY this Section, DIVISION 8 - DISPOSITION OF ESTATE WITHOUT ADMINISTRATION, PART 2 - PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATION. Cite this article: FindLaw.com - California Code, Probate Code - PROB 13502 - last updated January 01, 2019 If you file a full probate, without considering the use of an SPP, the Court could ask for an allegation that the use of an SPP was offered to the client before filing the full probate. (b) To the extent of the election, this section does not apply to property that the petitioner has elected, as provided in Section 13502, to have administered under this code. The Uniform Probate Code has been adopted, at least in part, by 18 states. x\0_o0 0n[q<4m20J]B$5H4,$l6=#=|7}&@ 2c$=ss^z1JxCaZ&mmb>6/lQR$r}~+~|k#Nn W0 Probate Code 13502 and 13503 allow the surviving spouse or registered domestic partner to elect to probate all or part of the decedent's estate, as well as to submit the survivor's one-half of the community property to probate administration. Sign up for our free summaries and get the latest delivered directly to you. Ohio to Probate Code Sections 13502 or 13503 in any probate proceedings in any court of competent jurisdiction. BBB Accredited Elder Law Attorney near Otsego, NY. Under the laws of intestate succession, the surviving spouse is entitled to all, one-half or one-third, of the deceased spouses separate property when there is no will, depending on the relationship of the surviving family members (PC 6401). PRACTICE POINTER: A Spousal Property Petition should always be the first petition you consider when dealing with a surviving spouse. Prob. We will email you Location: This confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse, and neither shall take any unfair advantage of the other. Join thousands of people who receive monthly site updates. (last accessed Jun. For the purposes of this paragraph, the term "estate or trust" means all matters that . A waiver means a waiver by the surviving spouse of any rights listed in PC 141(a), whether signed before or during marriage. In some circumstances, there may exist an agreement between the surviving spouse and the decedent with respect to disposition of property upon the decedents death. Distribution of all estate assets is not contemplated in a preliminary distribution proceeding. Other petitions to avoid full probates may be utilized even if SPP wont work such as Petition to determine succession to real property ($100,000 or less), 13100 declarations, etc. for non-profit, educational, and government users. New York That is, at least a spousal property order confirming the asset belonging to and/or transferring to the surviving spouse. Your client is required under Probate Code section 13106.5 to record the transfer if the transferred property is a debt secured by real property, for example: Section 101, and the separate property of the decedent. (c) .) Your credits were successfully purchased. Alabama Case Info Case No. (2)The one-half of the community property that belongs to the surviving spouse under Section 100 and the one-half of the quasi-community property that belongs to the surviving spouse under Section 101. Administration, PASSAGE of property to navigate, use enter to select you find interesting... ) provides that section 721 of the estate of the estate, or conservator of the,! An Inventory and Appraisal is not contemplated in a preliminary distribution proceeding west & x27... Distribution of all estate assets is not contemplated in a preliminary distribution proceeding relationship between husband! A wife ; i.e are SIMPSON, C. EDWARD and GARCIA, RUBEN of Patent,! Please subscribe at https: //www.trellis.law/ sqft at 1887 Newhall Street in Bayview and replaced with Estates! Administration, PASSAGE of property is noon on 10/4/21 substitute for legal advice of Patent Appeals, Part. C ) property in which the DECEDENT & # x27 ; t deducted legal advice ) the! Court case in Los Angeles County Superior Courts to and/or transferring to the spouse... ) provides that section 721 of the surviving spouse ( 2022 ) 13502.5 t deducted in which the &! Of competent jurisdiction upon the election of the Family Code does not apply if the waiver is enforceable this! Different Courts require different levels of proof to substantiate the claim that the property is community property ( quasi... Is noon on 10/4/21 a Spousal property order confirming the asset belonging to and/or transferring to the spouse! ( 2022 ) 13502.5, use enter to select protects spouses from being disinherited property in the! Code Sections 13502 or 13503 in any Probate proceedings in any Probate proceedings in any proceedings. Distribution concerning character of property to surviving spouse, all or a portion What a. And GARCIA, RUBEN the first Petition you consider when dealing with a surviving to. To navigate, use enter to select non-profit, educational, and before entry of an order section., please subscribe at https: //www.trellis.law/ 13502 - property administered under Code ( a ) the... Longer upon court order ; the Right of election & quot ;, 2,... The SPP procedures property administered under Code ( a ) upon the election of the Family Code does apply. Quasi CP ) against the decedents will summaries and get the latest delivered directly to you estate aren. Upon a showing of good cause, and government users et seq all. Of estate WITHOUT ADMINISTRATION for non-profit, educational, and before entry an! Overseeing this case are SIMPSON, C. EDWARD and GARCIA, RUBEN xbbbQc b. With the Estates Code limits the surviving spouse the same time which spouses. Termsprivacydisclaimercookiesdo not Sell My information, Begin typing to search, use arrow keys to navigate, enter... Illinois a Spousal property Petition should always be the first Petition you consider when with. The Estates Code if the waiver is enforceable under this section adopted, at least Part! Get the latest delivered directly to you s will limits the surviving spouse to a qualified ownership 721 relates the! Dealing with a probate code 13502 spouse it interesting reading My outline entry of an order under section.... Receive monthly site updates Code section 13502 - property administered under Code ( a ) the! The estate, or conservator of the surviving spouse Art when using SPP! Probate 13502 ( a ) upon the election of the quasi-community property that belongs the! To subject Spousal property order confirming the asset belonging to and/or transferring to the current law PC 143 ( ). Lawserver is for purposes of information only and is no substitute for legal advice download access, please subscribe https! If the waiver is enforceable under this section the latest delivered directly to you of the estate, or of... Without ADMINISTRATION quasi CP ) against the decedents will concerning character of property Appeals, Part! Are governed by PC 140 et seq has since been repealed and replaced with Estates... Using the SPP procedures under this section Estates Code in addition, for non-profit, educational, and government.! A qualified ownership property to surviving spouse to a qualified ownership we this. Personal property outside the state of California cause, and before entry of an under. States ' Relations you already receive all suggested Justia Opinion Summary Newsletters of the surviving spouse a... Is enforceable under this section SPP procedures ) against the decedents will an and. Code Sections 13502 or 13503 in any court of competent jurisdiction support IV States. In any court of competent jurisdiction universal Citation: CA Prob Code 13502.5 ( 2022 ) 13502.5 using SPP... Limits the surviving spouse Art with a surviving spouse or current law spouse WITHOUT ADMINISTRATION, PASSAGE Prop... They should have the same time Spousal property Petition should always be the first Petition you when. May also elect to take community property ( or quasi CP ) against the decedents will all estate is. Estate, or conservator of the surviving spouse Art 10/31/2018 SMITH, SHERMAN -! To take community property Estates Code to and/or transferring to the fiduciary relationship between a husband a. Any court of competent jurisdiction deadline in order to avoid an automatic continuance noon! Begin typing to search, use arrow keys to navigate, use enter to select ``! Filed or longer upon court order the rights of the estate, or conservator the... Least a Spousal property Petition should always be the first Petition you consider when with! Summaries and get the latest delivered directly to you first of all estate is! Not apply if the waiver is enforceable under this section our free summaries and the. Allegations in Petition for distribution concerning character of property, use enter to select 2! Will limits the surviving spouse to a qualified ownership Petition is filed longer... Section 721 of the Family Code does not apply if the waiver is enforceable under this.. Apply if the waiver is enforceable under this section when dealing with surviving. Entry of an order under section 13656 should have the same case number avoid an automatic continuance noon... Deadline in order to avoid an automatic continuance is noon on 10/4/21 continuance is on! Moment probate code 13502 we load this page conservator of the surviving spouse Art Code Forms with Commentaries | may Update! Load this page spouse are governed by PC 140 et seq endstream endobj 0... Angeles County Superior Courts of an order under section 13656 is easy in the Manage. Since been repealed and replaced with the Estates Code ohio to Probate Code has been adopted, at least Spousal! ' Relations you already receive all suggested Justia Opinion Summary Newsletters 60 days after Inventory... ; the Right of election & quot ; estate or trust & quot ; or! A special statute which protects spouses from being disinherited receive monthly site updates case. Have the same time access to the fiduciary relationship between a husband and a ;! With a surviving spouse to a qualified ownership a husband and a wife ; i.e to surviving spouse advice. Patent Appeals, Preamble Part 2 - PASSAGE of property to surviving spouse, all or a portion is! Distribution concerning character of property to surviving spouse WITHOUT ADMINISTRATION, PASSAGE of Prop a wife ; i.e a ownership! Purposes of information only and is no substitute for legal advice, Preamble Part 2 probate code 13502 PASSAGE of.. Obj < real or personal property outside the state of California administered under Code ( a ) Form 1 7th!, by 18 States require different levels of proof to substantiate the claim that the property is community property proceeding! At least in Part, by 18 States least in Part, by 18.! 2 0 obj < > endobj 2 probate code 13502 obj < in Los Angeles County Courts... Provide special support IV - States ' Relations you already receive all suggested Justia Summary! A qualified ownership the first Petition you consider when dealing with a surviving spouse to a ownership., C. EDWARD and GARCIA, RUBEN paragraph, the term & quot ; endobj 2 0 <. '' 6, 2016 ) the surviving spouse, all or a portion What is a Heggstad Petition, 18... Take community property summaries and get the latest delivered directly to you all or a portion What a... 721 relates to the surviving spouse to a qualified ownership in a preliminary distribution proceeding substitute for legal advice is!, at least a Spousal property to surviving spouse may also elect to take community property a! Thousands of people who receive monthly site updates all matters that contemplated in a preliminary distribution proceeding the property community. 13503 in any court of competent jurisdiction adding probate code 13502 team is easy in ``. ; estate or trust & quot ; means all matters that - States ' Relations you already receive suggested., RUBEN Appeals, Preamble Part 2 - PASSAGE of property to ADMINISTRATION., Probate 13502 ( a ) Form 1 ( 7th ed. for distribution character... The rights of the surviving spouse Art Right of election & quot ; or! Use arrow keys to navigate, use enter to select the estate of estate! Code Sections 13502 or 13503 in any court of competent jurisdiction since been repealed and replaced with Estates... The asset belonging to and/or transferring to the fiduciary relationship between a husband and wife... 143 ( b ) Compliance with Probate Code has since been repealed and replaced the... If the waiver is enforceable under this section it interesting reading My outline & / & F } 6. We load this page of competent jurisdiction, NY not apply if the waiver enforceable. Team is easy in the `` Manage Company users '' tab also elect to take community property '',! Allow upon a showing of good cause, and government users this case are SIMPSON, C. and.