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Are you the surviving spouse even if you were not cohabiting with your spouse at the time of death?
Wiki User
∙ 11y ago
IF you were legally married then you are the surviving spouse whether or not you had lived together at the time of his death
Wiki User
∙ 11y ago
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Are you the surviving spouse even if your were not cohabiting with your spouse at the time of death?
If the person was still legally married to the deceased he or she is still considered a "surviving spouse". However, the extent to which claims are made upon the estate of the deceased or the responsibility of the surviving spouse for debts owed by the deceased is determined by state laws and/or the probate court.
Does a Qualified terminable interst property trust qualify for a marital deduction?
A QTIP trust (a.k.a. C trust), which is typically created at the death of the first spouse to die, grants the surviving spouse a lifetime right to the income of the trust (at least annually) while transfering the remainder interest to individual(s) of the grantor's choosing. This qualifies for the unlimited marital deduction even though the spouse does not receive outright access to the assets in the trust. Even though this IS a terminable interest (usually disqualifying the marital deduction), the QTIP will qualify for the unlimted marital deduction since the surviving spouse will be required to include, in his/her gross estate, the fair market value, at the surviving spouse's date of death, the assets of the trust. The assets are taxed later in the surviving spouse's gross estate, but they will pass to the beneficiary of the trust, chosen by the first-to-die-spouse, at the surviving spouse's death.
Who is responsible for a leased vehicle when the person dies if there was no cosigner but there is a surviving spouse?
If the married couple lived in a community property state at the time of the spouse's death, the surviving spouse may be responsible for the lease debt even if she was not an account holder. If the couple did not live in a community property state the creditor will be required to file a claim against the estate of the deceased to try to recover the debt.
In New Jersey is the surviving spouse cars solely in the deceased names?
In New Jersey a car is the property of the person listed on the Certificate of Title. If the car is in the surviving spouse's name then it is not in the deceased spouse's estate. If the car was in the name of the deceased spouse, then it is in the decedent's estate, even if they both considered it to be the surviving spouse's car and was used solely by that spouse. The sole determining factor is whose name is on the Certificate of Title.
Your Mom died and your father is currently in a nursing home are you or is he responsible for her hospital bills?
If the couple resided in a community property state at the time of the individuals death the surviving spouse might be held accountable for the deceased spouse's medical bills. That would apply even if the surviving spouse is in need of care themselves. However, the outcome of such depends upon the financial status of the surviving spouse and the laws of the state relating to such, for example if the person is on Medicaid. Surviving children or other relatives of the deceased are not responsible for medical bills unless they personally entered into a contract with the medical providers.
If the spouse dies does the money in the joint checking account go to the surviving spouse or to the spouse and surviving children of the decedent?
In community property states, absent a will or beneficiary designation different(and even this might not be enforceable if the wife did not sign). Everything goes to the surviving spouse. Hopefully she likes the children.I am not an attorney but I did go to a Holiday Inn Express today.
Does the surviving spouse have to pay the CC debts of the deceased spouse?
If the debt was in the spouses name only, they will have a hard time making a case for you to pay the debt. Hopefully the surviving spouse has no connection to it (not even an authorized user of the account). Just send a copy of the death certificate, they have to write it off. They will tell you that you have to pay it, and they may come after his assets (a car he owns or something that is in his name only). You will want to contact a credit councelor - most will give free advice. If the married couple resided in a community property state the surviving spouse in most instances is responsible for all debts incurred in the marriage even if they were not a joint account holder. The exception would be the CP state of Wisconsin which treats marital debts differently when it pertains to the death of a spouse.
Does a spouse have to pay back a loan of a deceased spouse if they are not a joint holder of the loan?
Depends on the state you live in. * If the married couple resided in a community property state the surviving spouse might be held accountable for the debt even though the loan was only in the name of the deceased spouse. In all other states the surviving spouse is not responsible for debt that is incurred solely by a living or deceased spouse.
What does the surviving spouse do about the deceased spouse's credit card debt in Florida?
California is a community property state, the debts of the deceased should be included in the probate procedure. Usually in California the surviving spouse is responsible for all debts incurred during the marriage even though he or she was not the named account holder.
If your husband makes a will without including his wife does the wife have any rights if they are not living together?
AnswerMost jurisdictions in the United States have laws that protect spouses from disinheritance. Even if the testator excludes a surviving spouse from taking under a will, the state laws will automatically provide the surviving spouse with a statutory share in the estate. In that case the surviving spouse needs only to file a claim with the probate court. You should speak with an attorney who can review your situation and explain your options under your state laws. It should take only a single visit and you will know your rights under state law in the event of your spouse's death.
Wife and husband married for 18 years estate left to son of previous marriage is there anything she can get?
Many states give a surviving spouse a right to inherit a portion of their late spouse's estate under the doctrine of election, even if the decedent left the property to someone else by will. You need to check your particular state.Many states give a surviving spouse a right to inherit a portion of their late spouse's estate under the doctrine of election, even if the decedent left the property to someone else by will. You need to check your particular state.Many states give a surviving spouse a right to inherit a portion of their late spouse's estate under the doctrine of election, even if the decedent left the property to someone else by will. You need to check your particular state.Many states give a surviving spouse a right to inherit a portion of their late spouse's estate under the doctrine of election, even if the decedent left the property to someone else by will. You need to check your particular state.
Is the surviving spouse liable for the deceased spouse's debt if their name is not on the account?
If the couple resided in a community property state it is possible for the surviving spouse to be responsible for debt incurred by a deceased spouse even though he or she was not an account holder. Texas and Wisconsin are not considered "true" CP states as they treat solely incurred marital debt somewhat differently as do the other CP states.
