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| The rules are different in Community Property States (borrowing from Wikipedia: "Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Puerto Rico allows property to be owned as community property also as do several Indian jurisdictions. Alaska is an opt-in community property state; property is separate property unless both parties agree to make it community property through a community property agreement or a community property trust." Actually Wisconsin is a Uniform Marital Property Act state, slightly different from CP.
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Ah now that's a question.... If you own property (as in real estate, not all your worldly goods and chattels) in Gesamteigentum rather than Miteigentum i.e. both spouses own all of the property together rather than each owning a 50% share, presumably on the death of one spouse, the entire property automatically reverts to the other? And therefore wouldn't count as part of the deceased spouse's estate? And if all the couple's worlds goods are tied up in a property it then wouldn't need to be sold from under the survivor to pay out a legacy to a forced heir?