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They may have no rights to property you acquired during your marriage but that depends on some other factors such as:

  • How your co-owned property was titled.
  • Whether he owned any property in his own name.
  • Whether he had a will.
  • Whether you live in a community property state or a separate property state.
  • State laws of intestacy if he had no will.
  • Whether he left minor children.

You can check the laws of intestacy in your state at the related link. That may give you an idea of where you stand.

They may have no rights to property you acquired during your marriage but that depends on some other factors such as:

  • How your co-owned property was titled.
  • Whether he owned any property in his own name.
  • Whether he had a will.
  • Whether you live in a community property state or a separate property state.
  • State laws of intestacy if he had no will.
  • Whether he left minor children.

You can check the laws of intestacy in your state at the related link. That may give you an idea of where you stand.

They may have no rights to property you acquired during your marriage but that depends on some other factors such as:

  • How your co-owned property was titled.
  • Whether he owned any property in his own name.
  • Whether he had a will.
  • Whether you live in a community property state or a separate property state.
  • State laws of intestacy if he had no will.
  • Whether he left minor children.

You can check the laws of intestacy in your state at the related link. That may give you an idea of where you stand.

They may have no rights to property you acquired during your marriage but that depends on some other factors such as:

  • How your co-owned property was titled.
  • Whether he owned any property in his own name.
  • Whether he had a will.
  • Whether you live in a community property state or a separate property state.
  • State laws of intestacy if he had no will.
  • Whether he left minor children.

You can check the laws of intestacy in your state at the related link. That may give you an idea of where you stand.

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Wiki User

12y ago

They may have no rights to property you acquired during your marriage but that depends on some other factors such as:

  • How your co-owned property was titled.
  • Whether he owned any property in his own name.
  • Whether he had a will.
  • Whether you live in a community property state or a separate property state.
  • State laws of intestacy if he had no will.
  • Whether he left minor children.

You can check the laws of intestacy in your state at the related link. That may give you an idea of where you stand.

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Q: What legal rights do your step children have to property their now deceased father and I acquired during the marriage?
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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.


What rights do the children of a deceased parent have when it comes to property if the parent did not have a will and was remarried but was sole owner of real estate prior to marriage?

State probate laws determine intestate succession. It would be in the best interest of surviving family members to obtain legal advice or representation to protect any claims they may have in connection with the deceased's estate. Most states have a vested interest in protecting minors. As such, most of the intestate succession laws for this sort of situation have a very specific rule. If the parent has remarried, the property will be divided in half. One half will go to the new wife and the other half will be divided between the children of the previous marriage(s).


What does community property state mean?

The term community property state means that the community property in a marriage divided equally between the two parties when there is a divorce. This property usually does not include property owned before the marriage.


Are the children of their deceased father entitled to monies from his second deceased wife?

No. Generally, heirs-at-law must be related by blood or by legal adoption. Your father's second wife is not related to his children by his first wife. If the children were legally adopted by the second wife then the answer is maybe, depending on the laws of intestacy and whether she had a will leaving her property to someone else. You can check the laws of intestacy for your state at the related question link below.


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.

Related questions

What is conjugal property?

Any property acquired during marriage


Can you take ownership of a house you and your deceased boyfriend shared if he didn't have children and your name isn't on the deed?

No. Not unless he left the property to you in his will. If he died intestate, or without a will, the property will pass to his heirs at law according to the state laws of intestacy. Legal rights as an heir are acquired by virtue of a valid marriage.


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.


When does a land becomes a marital property?

When it is acquired during marriage, especially in a community property state. Separate property states allow certain property to remain separate and not subject to division in a divorce.When it is acquired during marriage, especially in a community property state. Separate property states allow certain property to remain separate and not subject to division in a divorce.When it is acquired during marriage, especially in a community property state. Separate property states allow certain property to remain separate and not subject to division in a divorce.When it is acquired during marriage, especially in a community property state. Separate property states allow certain property to remain separate and not subject to division in a divorce.


Is a husband entitled to his wife's property that she acquired prior to their marriage in Texas?

Generally, no. Texas is a community property state. Generally, any property acquired prior to marriage, and maintained as separate property during the marriage, is not considered community property. For more detailed advice you should consult with an attorney who specializes in divorce law.


What kind of estate is community property considered?

An estate is all the property a person owns both real and personal. Community property is property acquired by married people in certain states (called community property states). It can be acquired in one parties name or both but if acquired during the marriage it becomes community property that will be divided evenly in the case of a divorce.An estate is all the property a person owns both real and personal. Community property is property acquired by married people in certain states (called community property states). It can be acquired in one parties name or both but if acquired during the marriage it becomes community property that will be divided evenly in the case of a divorce.An estate is all the property a person owns both real and personal. Community property is property acquired by married people in certain states (called community property states). It can be acquired in one parties name or both but if acquired during the marriage it becomes community property that will be divided evenly in the case of a divorce.An estate is all the property a person owns both real and personal. Community property is property acquired by married people in certain states (called community property states). It can be acquired in one parties name or both but if acquired during the marriage it becomes community property that will be divided evenly in the case of a divorce.


Is a Husband responsible for medical bills of his deceased wife in KY?

Unfortunately, yes. If you were married when these bills occurred then yes you are responsible. It is like property of a married couple- anything that is acquired during a marriage belongs to both of you. So if these bills were acquired during your marriage then yes you are responsible. If your wife were still alive you would be held liable if you were still married. So just because she is deceased does not change this, Sorry.


If property acquired after marriage in a community property state considered to be community property if a loan is taken against the property.?

Yes.Yes.Yes.Yes.


What is separate property as it pertains to divorce?

There are many factors considered by a court when it must divide marital assets including the following:length of marriagecontributions of each partyeconomic circumstances of each partywhether there are children involvedopportunity of each spouse for future acquisition of property


Do children from a second marriage have legal rights to properties acquired by their father on the third marriage?

That depends on where your father lived with his last wife, how they held title to property, if he died testate or intestate and the laws of intestacy of the state where he died or owned property. If your father owned his property as a joint tenant with the right of survivorship with his third wife then you get nothing. If he acquired his property during his marriage in a community property state then you get nothing. You may inherit a portion if he owned property in his own name and died intestate or if he left property to you in his will. It depends on a lot of other details.


Can alimoney be claimed from the husband from the property he owned prior to the marriage or only from the earnings post marriage?

Assets acquired prior to marriage are usually protected from a divorce distribution.Assets acquired prior to marriage are usually protected from a divorce distribution.Assets acquired prior to marriage are usually protected from a divorce distribution.Assets acquired prior to marriage are usually protected from a divorce distribution.


What is considered community property?

Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. The main areas of separate property are those items acquired before marriage, items received as a gift through a will or by inheritance, and those properties purchased with separate property funds.