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If husband and wife owned property as such can the husband leave his share to his children by his will in NJ or does his wife inherit his interest in the property?
Wiki User
∙ 14y ago
If the property was held as joint tenants with the right of survivorship, the decedent cannot leave his share to his children by will. His interest automatically passed to his surviving spouse. If the property was owned as tenants in common then he can leave his interest to his children.
You should consult with an attorney who specializes in probate law in your area who can review the situation, review the will and inform you of your rights and options under that laws of NJ.
Wiki User
∙ 14y ago
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Could women own property or inherit property inn the Shakespearean times?
In Shakespearian times if a woman was an only child they could inherit their father's property and if their Husband died they could own the property that their Husband had ouwned
What rights do biological children have in the estate of a deceased parent?
Biological and legally adopted children generally have the same rights in their parent's estate if their parent dies intestate, or, without a will. Children do not inherit an interest in property that was held jointly with a surviving spouse. However, they may inherit an interest in property held solely by the decedent. You can check the laws of intestacy in your state in the related question below.
My husband and I built a cabin after we were married on some land that he owned prior to our marriage who will own this cabin legally after his death his children or myself?
The cabin became part of the real estate when it was constructed on your husband's individually owned land. Unless he specifically grants that property to you in his will his children may inherit an interest with you under the laws of intestacy in your state. In order to protect your interest, if he wants to do that, he should convey that property to you and himself as tenants by the entirety or as joint tenants with the right of survivorship.
If husband and wife bought a house but only her name is on the title and she dies will there be a problem?
Yes. There may be a serious and costly problem depending on the laws in the state where you live. If the wife should die intestate the property would pass according to the state laws of intestacy. Her surviving spouse may only inherit a partial interest in the property and the children will get the remaining interest. If there are no children the wife's parents or siblings may inherit an interest. On the other hand, she may be able to leave it to someone else by a will if she is the sole owner. You need to speak with an attorney ASAP and have the property titled properly for a married couple in your state.
Does husband share his wifes estate with the children?
wife dies, does husband inherit everything or does he share with their children
If the husband dies in Texas and there are no children who does his inherited undivided land go to?
Any property that he had will become a part of his estate. Usually the spouse will inherit it all, but there may be some provision for parents to inherit part of the property if there are no children. A will is important! And you would need to consult an attorney in Texas for specific rules.
Who would inherit my home if I die with no will with my husband on the deed and two children not of this marriage?
That would depend on the tenancy recited in the deed to you and your husband. If a joint tenancy or tenancy by the entirety was created in your deed then he would become the sole owner of the property upon your death. He could then make his own will and leave the property to his own relatives when he dies. If there is no tenancy recited on the deed or it provides that you will hold the property as tenants in common then upon your death your interest in the property may be shared by your children and your husband according to the laws of intestacy in your state. Your children may receive nothing depending on the value of the estate. Alternatively, if the property is owned as tenants in common you could leave your half interest to your children in your will with a life estate to your husband. That way he could continue to live on the property and when he decided to sell or if he died your children would receive half of the proceeds of the sale of the property. You should seek the advice of an attorney to discuss your options.
What did Roman mothers do?
Roman mothers stayed home and raised the children. They had to do what their mother-in-law said. Women could not own property or inherit after her husband died.
If you your husband and his mother is on the deed to the home you live in and she died ad she did not have a will can her only daughter have any rights to your home?
You need to check the language in the deed by which the three acquired the real estate. If the property was acquired a joint tenants with the right of survivorship then your mother-in-law's interest automatically passed to the surviving owners (you and your husband) when she died. There is no need for probate. If the property was acquired as tenants in common with your mother-in-law then her next of kin would inherit her property. If your husband and his sister are the only children, and there was no will, then they would share her interest in the property equally and her estate must be probated in order for title to pass to her heirs at law.
Do children automatically inherit their parents property?
It depends on the state that you live in and your will.
How should husband take possession of property he inherited?
He should take all the possession of the property he inherited. Of course if the wife did not inherit any of the property.
If my daughter dies before me what happens to the life estate I made?
I will assume that you conveyed your real property to your daughter and reserved a life estate in that property. In that case, your daughter is the owner of the property. She can leave it to someone in her will or it will pass to her heirs-at-law under the laws of intestacy in your state. Generally, if she is married with children, her husband and children will inherit the property if she has no will. You can check your state laws of intestacy at the related question link provided below. Your daughter's death will not affect your life estate. Whoever would inherit her property upon her death either by will or by intestacy would inherit it subject to your life estate.
