answersLogoWhite

0


Best Answer

Any asset which has his signature on it. The house, the car, any large item that he purchased (with or without you) is part of his estate. State probate laws determine what is exempt and what is not when it pertains to any estate. If the married couple lived in a community property state all property acquired during the marriage is equally owned regardless of title wording. If the married couple did not reside in a CP state probate laws take precedence with the default laws applying if the person died intestate.

User Avatar

Wiki User

18y ago
This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: What constitutes a deceased spouses estate when the other spouse is still living?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

Is a surviving spouse responsible in Oklahoma for Credit card debt of the deceased spouse if the living spouse never signed and document?

In Oklahoma, the deceased's estate is responsible. The spouse can be held as a beneficiary of the costs and by inheriting less from the estate.


How do you gain power of attorney of your dads estate without a power of attorney?

A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.


Who is responsible to open an estate in Alabama when there is no will no spouse no children one living sister one deceased brother both parents deceased?

The living sister would be qualified as long as she is not under 19 years old.


Is a living widow the beneficiary of her deceased husband's IRA when no other beneficiary is named?

If the deceased has no children, yes. Otherwise the children share in his estate. This may vary by State.


Is power of attorney possible to be obtained on a deceased individual?

No, a power of attorney represents a living person. You may be able to be appointed executor of the estate.


How do you get a power of attorney for a deceased sibling?

A power of attorney represents a living person. After their death, you would apply to be executor of their estate with the probate court.


Deceased partner living in house rent free deceased children own house do we still have landlord rights?

What did the will say? Is there a will? The executor is responsible for maintaining and disposing of the estate. The executor can, if it makes sense, rent the home to someone. Once the estate is settled, whomever gets the property has the ability to do what they wish.


Can the executor of a Trust charge rent to a beneficiary of the Trust if that person has moved into the house of the deceased?

The question is a little sketchy but, yes, they probably can. The Executor has a FIDUCIARY RESPONSIBILITY to not let the estate "go to waste" (devalue or be wrongly used) until such time as the will is probated and all the property is distributed according to the stated wishes of the deceased. If you are living in the home of the deceased, and under normal circumstances, would not have done so during the deceased's lifetime - even if you ultimately wind up inheriting the home, you will have to compensate the estate for your living privileges.


Are the surviving children responsible for paying off their own debt backed by the estate of the deceased?

The estate is responsible for paying off the bills of the deceased, first and foremost. Surviving children should not have access to the funds until the estate is settled. If the children are minors, the court will appoint a guardian and will usually advance living expenses to insure they aren't without money and a place to live.


How do you find out who the executor of your grandmas unclaimed money is when she did not have a will?

If your grandmother is still living, you can't. If she is deceased, the executor of the will is required to notify you if you are in the will. If there is no will, and your parents are deceased, then you should contact the probate court and/or executor.


How can a biological son see his father's will?

It all depends on whether the father is living or not. If he is living you must ask him. He has no legal obligation to show his will to anyone. If he is deceased and his estate was probated you can visit the court and obtain a copy.


What is a antonym for deceased?

The antonym for deceased is living or alive.