(a) In a proceeding to set aside a nonprobate transfer of community property on death made pursuant to a provision for transfer of the property executed by a married person without the written consent of the personâs spouse, the court shall set aside the transfer as to the nonconsenting spouseâs interest in the property, subject to terms and conditions or other remedies that appear equitable under the circumstances of the case, taking into account the rights of all interested persons. (b) Nothing in subdivision (a) affects any additional remedy the nonconsenting spouse may have against the personâs estate for a nonprobate transfer of community property on death without the spouseâs written consent.
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