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Hear this out loud PauseThe theory behind this law is that spouses of either gender come to depend on one another throughout a marriage, and in the tragic event that one of them loses their partner, the surviving member should be entitled to a monetary allowance from their partner's estate regardless of what debts the deceased owed.
Hear this out loud PauseNCGS 30-15 provides that a surviving spouse shall be entitled to an allowance of the value of $60,000 from the personal property of the deceased spouse to support the surviving spouse. The surviving spouse must apply for this allowance through the Clerk of Court within one year of the deceased spouse's death.
Hear this out loud PauseThe Year's Allowance allows for the assignment of up to $30,000.00 in personal property (vehicles, money, etc.) from the deceased spouse to their surviving spouse, without having to go through probate.
Hear this out loud PauseCalifornia and federal tax laws about spousal support are the same. If you pay support, you can deduct the payments on your federal or state income tax forms. If you receive support, you must report the payments as income on your federal and state tax forms.
A Spousal Allowance (SA) is the remaining amount of income that an institutionalized spouse has after deducting the maintenance allowance (part of the patient pay calculation) that will be given to the Community Spouse. This amount is called the Community Spousal Monthly Income Allowance (M1480.