Is Indiana a community property state? If not, does a couples previous residence in a community property state impact their estate planning?
A. Indiana is not a community property state, but Indiana residents who previously resided in a community property state may be eligible for tax benefits that are frequently overlooked. There are eight community property states (Arizona, California, Idaho, Louisiana, New Mexico, Nevada, Texas and Washington) and one state, Wisconsin, which follows a marital property system (which is a form of community property and treated as such for tax purposes). Also, the State of Alaska has passed legislation creating a procedure by which a married couple can elect to treat certain assets subject to Alaska jurisdiction as marital property. If property was acquired by a married couple under circumstances which gave rise to marital property, the relocation of the spouses to a non-community property state will not necessarily affect the status of the property as community property. Retaining the community character of property imported into a common law state, or acquired in a common law state with t