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Bill is married to his second wife, Susan. Bill has a daughter from his first marriage. If Bill dies without a will (intestate), how will their community property be divided?

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Final answer:

When Bill dies intestate, the division of his community property will be determined by the intestacy laws of his state, which commonly results in the estate being divided between his spouse, Susan, and his children from a previous marriage.

Step-by-step explanation:

When a person, such as Bill, dies intestate—without a will—the distribution of community property is governed by state laws. Since Bill is married to his second wife, Susan, and also has a daughter from a previous marriage, the division of his assets will depend on specific intestacy laws of the state where they reside.

Generally, his estate would be divided between his current spouse and his children. This division can sometimes be equal, but in many jurisdictions, the surviving spouse may receive a larger share or even the entirety of the community property, with the children receiving a portion of the separate property or a smaller share of the total estate.

Historical perspectives, such as those in the code of Han practice, offer a view that property rights were shared between husband and wife, and the wife had management rights of household budget and could inherit property in her own name.

These historical precedents can be seen as early forms of recognizing spousal rights in property division, which influence modern laws around inheritance and property distribution. However, it is the current state statutes, not historical practices, that would ultimately determine the division of Bill's estate.

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