Unfortunately, they may not be able to afford to leave unless the homestead is sold and the surviving spouse's share
of the proceeds either produces sufficient income or provides enough assets (if the proceeds of the sale are split) to the surviving spouse.
In effect, the surviving spouse's share
of the community property is considered to have passed from the decedent.
33) If there is an NOL carryforward in the year of death on a joint return, only the surviving spouse's share
can be carried forward to future returns.
If beneficiaries disclaim their interests, more assets may be included in the surviving spouse's share
, which then will not be subject to taxation because of the marital deduction.
If property covered by the act was titled to the decedent at death, title to the surviving spouse's share
may be perfected by an order of the probate court or by execution of an instrument by the personal representative or the beneficiaries of the estate with the probate court's approval.