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New Hampshire recognizes common law marriage for purposes of probate only. In other words, they recognize a common law marriage at the time of the spouses death to ensure the surviving spouse can receive the inheritance with no issues.
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∙ 9y ago
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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?
Typically the spouse inherits the entire estate unless there are children involved.
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.
In the state of Ohio if a spouse dies in a legal common law marriage performed before 1990 will the surviving common law spouse receive what the deceased spouse wishes in the legal will?
Yes. If the will is allowed the common law spouse will receive their devise under the will regardless of the status of the marriage. If the decedent died in Ohio without a will, or intestate, the surviving spouse in a common law marriage perfected before October 1991 would receive a spouses share under the laws of intestacy.
What does it mean by being a surviving spouse where no action for divorce or separation maintenance was pending at the time of decedent's death?
That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.
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.
If spouse dies before surviving parent what rights do you have to inheritance?
In the absence of a will, the property passes according the rules of intestate succession in the state the spouse died in. As far as I know, every state gives the estate to the surviving spouse, or the spouse and children in some proportion. Any will executed before the marriage is null and void as of the date of marriage, though you should consult an estate attorney on that state.
If a will was written prior to marriage what rights does a surviving spouse have?
In many jurisdictions, a surviving spouse may have a right to inherit a portion of the deceased spouse's estate, even if not mentioned in the will. This is usually governed by laws that protect the rights of surviving spouses. It is advisable to consult with a legal professional to understand specific rights based on the laws of the relevant jurisdiction.
If divorced and the ex-spouse dies can the surviving spouse get married in the catholic church?
Yes, provided that there are no other impediments to a marriage, the surviving spouse would be free to marry.
What rights does a surviving spouse in have in Ohio if the deceased had no estate?
In Ohio, a surviving spouse may have rights to a family allowance, exempt property, and a share of the deceased spouse's estate if there were children from a previous relationship. Depending on the circumstances, the surviving spouse may also have rights to social security benefits or life insurance proceeds.
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.
Is your marriage valid if your husband is married in a different state?
No. You can only be legally married to one person at a time in the United States. In addition, your "husband" lied on his application for your marriage license or it wouldn't have been issued. He needs to obtain a divorce from his wife before he can marry you. Note that until he does she is his surviving spouse if he should die and she would be entitled to all the legal rights as his surviving spouse including but not limited to rights of inheritance, pension, social security, insurance, etc.No. You can only be legally married to one person at a time in the United States. In addition, your "husband" lied on his application for your marriage license or it wouldn't have been issued. He needs to obtain a divorce from his wife before he can marry you. Note that until he does she is his surviving spouse if he should die and she would be entitled to all the legal rights as his surviving spouse including but not limited to rights of inheritance, pension, social security, insurance, etc.No. You can only be legally married to one person at a time in the United States. In addition, your "husband" lied on his application for your marriage license or it wouldn't have been issued. He needs to obtain a divorce from his wife before he can marry you. Note that until he does she is his surviving spouse if he should die and she would be entitled to all the legal rights as his surviving spouse including but not limited to rights of inheritance, pension, social security, insurance, etc.No. You can only be legally married to one person at a time in the United States. In addition, your "husband" lied on his application for your marriage license or it wouldn't have been issued. He needs to obtain a divorce from his wife before he can marry you. Note that until he does she is his surviving spouse if he should die and she would be entitled to all the legal rights as his surviving spouse including but not limited to rights of inheritance, pension, social security, insurance, etc.
How does the length of time a couple is married affect spousal rights in a will. How long do they have to be married for the new spouse to have rights to the estate if they were not included?
There is no time limit. The length of time of the marriage has no effect on the statutory rights of a legal spouse. The surviving spouse has legal rights . . . period. You can check those legal rights under your state laws of intestacy at the related question link provided below.
