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If property was owned by deceased spouse prior to marriage what is the property rights of the surviving spouse with no will?
Wiki User
∙ 11y ago
Typically the spouse inherits the entire estate unless there are children involved.
Wiki User
∙ 11y ago
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If a property is owned by the daughter and the deceased mother is that considered the deceased estate?
The rights in the real property are a part of the estate. If the property was owned with rights of survivorship, the daughter may claim title without going through probate. Consult an attorney who does probate work in your jurisdiciton.
Can a surviving spouse negotiate final payment on a home equity loan that they were not a borrower for?
Yes, however, the answer depends on specific situations associated with the partnership/marriage and the state in which they live in. If the state is a communal property state and the surviving spouse that is not a borrower had ANY benefit from the loan, that spouse owes the money as a borrower (despite not being a borrowing party on the loan). In this case, if the surviving spouse is not in a position to pay for the loan, a negotiation would be warranted soon after the (within a month or two of) deceased spouses death. If the state is a non-communal property state, the estate of the deceased spouse will first be looked to in order to provide the funds to pay off all debts. If there are enough assets to cover the debt, the loan will be paid in full, regardless of the surviving spouse's wishes as the lender's rights come before those that may be beneficiaries to any estate proceeds. If there are not enough assets to cover the loan, the lender may look to liquidate the asset (the surviving spouse's home) in order to satisfy the debt. If the home is NOT in the surviving spouse's name (either through joint tennancy or named ownership), the surviving spouse may not be able to intervene.
In Florida what rights does a child have to a deceased father's house if there was no will and his girlfriend is a joint mortgage holder?
You have some rights to inherit your fathers property - if it is his property and in his name - and the girlfriend may have part ownership or should have if she has been paying on it. See a lawyer. * When a person dies without a will the deceased property and asssets are distributed in accordance with the state's probate succession laws. Ownership is real property is determined by how the property is titled the names on the mortgage agreement only indicate who is responsible for the debt. The wording of the property deed determines whether or not the property is subject to probate procedure and partitioning.
Your spouse died leaving credit card debt in his name only he left you property in another state can creditors attach the property?
Maybe. They would have to apply for a writ of judgment in the other state, perhaps initiate a new lawsuit. That would depend on any agreements concerning such issues between the states involved. The biggest factor is how the land is titled. If the property is titled in the surviving spouse's name only it is not subject to creditor action. If the property was included in the deceased's will, it may become part of the estate,in which case, ownership rights will be decided by the probate court.
What happens if a couple divorce and husband's name is not on mortgage documents or deeds?
If the property was purchased in a community property state during the marriage and the husband did not waive his rights, he may have ownership rights to the property. If not, then he may not have an ownership interest in the home. Either way, he does NOT have financial responsibility for the mortgage debt unless otherwise ordered by a court. It is possible for someone to have ownership rights to a home and no legal liability for its financial encumbrances.
What rights does a surviving spouse in have in Ohio if the deceased had no estate?
If there is no estate, there are no rights or property to be had.
After ten years together the man dies so does his companion have any legal rights to his property?
You have no right to your deceased partner's property unless you are the surviving spouse or unless he left a will with you as his beneficiary. Marriage creates a legal status that bestows hundreds of rights on the parties. If there is no marriage then legal documents such as wills and health proxies become extremely important as the only other way to acquire legal rights.
What are a wifes rights to property of deceased husband in the state of Missouri?
In the state of Missouri, the wife automatically inherits property of her deceased husband. When either spouse dies, the surviving spouse has an undivided interest in the whole property, and the right to sole ownership.
What is the legal position of husband with the regard to a wife's property when she was single?
In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.
Does property and estate automatically transfer to the surviving children if the deceased did not have a will in the state of Texas?
It will depend on who the survivors are. A spouse has rights as well as the children, even without a will.
Who has legal rights over deceased spouse if surviving spouse remarries?
The surviving spouse has legal rights regardless of whether he/she remarries after the death of his/her spouse.
Do children have rights in or to community property if father dies but mother is living?
You need to check your particular state laws. In a community property state each spouse owns a one-half share of the marital property. In some states a spouse can dispose of their interest by their will to someone other than their surviving spouse.Upon the death of one spouse state laws vary on intestate (without a will) inheritance. In some, the surviving spouse inherits their deceased spouse's share if there are children of the marriage. In some the surviving spouse receives only a half of that share if there are children by a former marriage. In Louisiana the share of a deceased spouse in community property passes to their estate if they had children but the surviving spouse can use the property until death or remarriage. If the deceased had no children the community property passes to the surviving spouse.People who own property in a community property state should consult with an attorney about estate planning. If you are a surviving child then you should consult with an attorney who specializes in probate law.
Can the surviving spouse of the deceased husband continue to receive mineral rights income he had inherited?
Typically the spouse will inherit the property of a deceased spouse. A will may assign things to other beneficiaries. Consult a licensed attorney in the state in question.
Would you be entitled to the property even though he purchased it in a previous marriage in Virginia?
You will have some rights in the property. However, unless it was in the divorce decree, or she is deceased, the wife at the time will have some rights as well. Consult a probate attorney in your state.
In Texas does the step wife have rights to a property in a valid will?
There is no such legal entity as a step-wife. A second wife is the surviving spouse and has rights of inheritance under state laws. A wife who is disinherited by will has the right of election. The surviving spouse can elect to take a statutory share of the testator's estate. That share can be up to one-third of the estate. Texas is also a community property state. A surviving spouse has rights in any property acquired during the marriage. You should consult with an attorney who can review your situation and determine what your rights are under your state laws.
In Texas if a deceased spouse has named someone other than the surviving spouse does the surviving spouse have any claim under community property?
Property acquired during a marriage is subject to community property laws.A surviving spouse in Texas has other laws that may grant rights in the decedent's estate depending on whether there is a Will or not: Laws of Intestacy and a surviving spouse's Right of Election. You should seek the advice of an attorney who can review your situation and explain your options.https://brazoslawyers.com/widows-right-election-texas/
What determines common law marriage and community property rights in the state of California?
California does not recognize common law marriage. Community property rights can only be acquired through a legal marriage. Community property rights are governed by state law.
