Agreement as to disposition of community property after death of spouse

Agreement as to disposition of community property after death of spouse. Agreement is made this _________, 19__, between _________, of _________, husband, and _________, of _________, wife. Recitals: The parties are now and ever since _________, 19__, have been husband and wife. Each of the parties were married prior to their marriage to each other, and each have children born of their former marriages, but there are no children born of the marriage of the parties. Husband was at time of marriage to wife the owner of certain real estate at _________, which property was and is the sole and separate property of husband. At the time of the marriage, husband was owner of certain personal property which has been used by both husband and wife since their marriage, and is commingled with their earnings since marriage. It is agreed that that personal property is the community property of the parties. Husband has made a will providing for support and maintenance of wife. Wife desires that if she shall die prior to death of husband that husband shall have the right to use of her ½ of community property for the remainder of his life, subject to the terms and conditions contained in this agreement, and that such use of the property by husband shall be vested in husband under the terms of this agreement. Therefore, it is agreed as follows: 1. In consideration of the mutual agreements, husband agrees that in event of death of wife prior to his death, husband shall promptly have a complete inventory made of all personal property owned by the parties at the time of death of wife, fixing their fair market value, such inventory and appraisement to be taken by three disinterested persons, and the value fixed by the appraisers shall become final and conclusive as to the value of the community property. 2. After the inventory, husband agrees to provide, by codicil or otherwise, that at time of his death, there shall be paid in equal shares to the heirs of wife, named below, value of ½ of the community property without interest, after death of husband. 3. On death of wife, if she shall die prior to death of husband, title to all of the community property shall become immediately vested in husband, and heirs of wife shall have no right or interest in it, except as against estate of husband after his death and only to amount of respective shares in ½ of the community property as determined by such inventory, and nothing contained in this agreement shall be deemed to in any wise give heirs of wife any right or claim to it, until after death of husband. 4. The share of wife in the community property shall be paid to the following-named persons in equal shares and in case of death of any of them, shall go to the child or children of such heirs, if any. If any heirs shall die without issue, then the shares shall be divided among the remaining heirs or the child or children of any of them who are deceased. The names and addresses of the heirs are as follows: _________.