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Both husband and wife jointly own property His mother has Life Estate but leaves home who owns the property?
Athilla
The H & W own the property in fee. However, the property is subject to the life estate of the mother. If they wish to sell or mortgage the property she would need to sign the deed or mortgage. If she no longer lives there then they should obtain a release from her for her life estate and the release should be recorded in the land records. Otherwise, only a death certificate will extinguish the life estate as a burden on the property.
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∙ 15y ago
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Can your children be beneficiary to your husbands estate?
Yes, if they are named in the will. Or if the will leaves the money to you or your descendants. If your husband is not their father, there is no automatic right to the property.
If a woman leaves her husband a life estate in her home does it go to her children when he dies?
It depends on who was appointed the remainderman in the life estate.
If your mother dies and leaves no estate are her children responsible for paying her creditors?
A decedent's estate is responsible for payment of the debts. If there is any property in the estate, the debts must be paid before any property can be distributed to the heirs. If there is no property the creditors are out of luck.
What would happen if the husband is the sole legal owner but husband and wife are joint equitable owners and husband dies and leaves the house to his mistress?
In most states, under the doctrine of "Election", the wife could file a claim in the husband's estate and receive a share of the value of the property. It is unclear what you mean by joint equitable owners.
If your sister leaves you money and you put it in a separate account is your husband intitled to a portion of it in NYS?
If YOU are the inheritor of a portion of an estate it does not automatically become community property. It is YOU that was named, not you and your husband. CAUTION: the question states that it is in a separate account - do not inter-mingle these funds with other "household" money or accounts.
What is the point of estates?
==One Answer== An estate is all the property both real and personal that a person leaves after death. The point of classifying property as an estate at death is for the purpose of passing ownership of the the property to the next of kin or legal heirs of the decedent.
Mother leaves will to son but son dies does his spouse have any rights to property?
If the mother's will was probated and the son died AFTER his mother then the property is in the son's estate. His estate would need to be probated. The property would pass to his heirs under the terms of his will or according to the state laws of intestacy. Generally, a surviving spouse is entitled to a portion, if not all, of her husband's estate. You can check your state laws at the related question link below. If the son died before his mother, the property would pass according to his mother's will or the state laws of intestacy as his mother's intestate property.
Is there any more benefits for an ex-wife to his husbands property if the ex husband is married again to another woman?
If you divorced your husband, you are no longer entitled to anything he leaves behind. If he has left you in his will then you may receive some property.
What happens to a house if the wife's name is not on the deed and the husband leaves the house to someone else in his Will?
The answer depends on whether your name was on the deed when your husband granted the mortgage. If it was not, the lender can take possession of the property by foreclosure if the mortgage isn't paid. You need to consult with an attorney who specializes in probate who can review the title to the property and explain you rights and options.
Does the wife have rights to the property if she leaves the property?
If she is on the deed- yes. If it is marital property- yes. In a community property state- yes. A person doesn't lose their rights or interest in real estate by leaving. Divorce may change the status.
MY HUSBAND RECENTLY DIED. HIS WILL LEAVES HIS ENTIRE ESTATE TO ME. IS IT NECESSARY TO PROBATE HIS WILL?
Probate may be needed it would be best for you to consult a probate attorney.
If your father-in-law leaves an inheritence to your husband are you intitled to some?
According to property laws, inheritence is considered separate property which is owned by the heir. A spouse is not entitled to inheritence.
