yes
If the property was owned by the parents with a right of survivorship then title passed automatically to the surviving spouse bypassing probate. In that case the property is the sole property of the surviving spouse. She can convey it to anyone she chooses or she can leave it in her will to whoever she chooses. That property is not under the control of the executor.
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.
The spouse must sign a deed and convey their interest in the property.
That depends on how you and your spouse held title to your property and whether the surviving children are the children of both the decedent and the surviving spouse. You should consult with an attorney.
Yes. Property held as tenants by the entirety becomes the sole property of the surviving spouse bypassing probate. It can be sold by the surviving spouse.
In Colorado, a surviving spouse is entitled to an "elective share" of the deceased spouse's estate, which is typically one-third of the estate. If the deceased spouse's will does not provide for the surviving spouse, they can choose to receive the elective share instead. Colorado also has laws that protect a surviving spouse's rights to the marital home and certain personal property.
The answer is somewhat complicated.Community PropertyAll property acquired during a marriage is presumed to be community property. Under Texas laws, if you are married and are survived by a spouse and children, then:Your surviving spouse will inherit all your community property if all your children are also the children of your surviving spouse;Otherwise, all your one-half interest in the community estate will pass to your children, with your spouse keeping only his or her one-half interest.If you do not have any children, then your surviving spouse will inherit all of your community property.Separate PropertyIf your property is characterized as separate property, the distribution scheme is different:If you are survived a spouse and children, your surviving spouse is entitled to one third of your separate personal property and only a life estate (the right to use the property until his or her death) in one-third of your separate real property. The rest would be inherited outright by the children of the deceased spouse.If you are married but have no children or other descendants, your surviving spouse would be entitled to all the separate personal property. But if you have surviving parents and siblings, the surviving spouse would only be entitled to one-half of the separate real property with the other half passing to the parents, siblings or descendants of siblings in a manner set forth by the statutes.https://texaswillsandtrustslaw.com/2010/10/18/dying-without-a-will-the-texas-intestacy-statutes/
In most jurisdictions in the United States, except Louisiana, a surviving spouse has the legal right to inherit even if the will says otherwise. A person cannot disinherit their spouse. The state laws will distribute some or all of the estate to the surviving spouse under the doctrine of election.
Typically the spouse inherits the entire estate unless there are children involved.
"Someone else" gets the property. The surviving spouse can certainly contest the will. And there may be specifics in the state that entitle the surviving spouse to a portion of the real property, or a life estate in real property. Consult an attorney licensed in the state in question.
In a common law jurisdiction, the surviving spouse may have the right to a portion of the deceased spouse's property through intestacy laws. This varies by jurisdiction, but generally the surviving spouse will receive a portion of the estate, with the remainder distributed to other relatives according to the laws of intestate succession. It's recommended to consult with a lawyer to understand specific rights in your location.
The surviving spouse becomes the sole owner.