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Can a husband disinherit his wife or leave her little in his will or does she get some part of his property after his death?
Wiki User
∙ 13y ago
Generally, in the United States, a person cannot disinherit their spouse which would be the case if a man left all his property to his blood relatives and left nothing to his wife. In most states the spouse has the statutory right to 'elect' to take an intestate share of the estate. To do so, the surviving spouse need only file a claim with the court. You can check your state laws of intestacy at the link below. The surviving spouse should contact an attorney immediately to determine their right of election under state laws.
Wiki User
∙ 15y ago
Wiki User
∙ 13y agoMost states provide the surviving spouse with a statutory share of the estate regardless of how little they acquire under the will. The procedure can be as simple as filing a claim form with the court. If you live in a community property state, you automatically acquire "marital property". You should consult an attorney who specializes in probate in your state who can review the situation, the will and explain your options under your state law.
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What is the word when leaving estate to children instead of husband?
You may be thinking of the word, 'disinherit'. You would be trying to disinherit your husband. It is impossible to disinherit a spouse in most states. A surviving spouse can 'elect' to take against the will and the state laws will give them a share in the estate that is usually equal to the share they would receive if you died without a will or intestate. You can check your state laws of intestacy at the related question link provided below. The only way to disinherit your spouse is to have no property in your name at the time of your death. You need to speak with an attorney who specializes in probate, estate planning and trust law.
Does a stepfather have rights to property if mother had a life estate?
No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.
Can a ex- husband own a property after ex- wifes death?
Yes. A person has the right to own property. Another person's death has no bearing on whether he can own property.
Why would my father's wife insist he put the house in a Trust fund?
If your father transfers his property to a trust that would get it out of his estate and out of reach of his heirs at his time of death. She may be seeking to disinherit your father's children.
What does the term dowager mean?
A dowager is a widow who inherited a title or property on the death of her husband.
Can an sister-in-law sue for property that was signed over to the husband who is now deceased?
If the sister-in-law is the wife of the deceased husband and the property was signed over to him before his death, then she may have an interest in it that give her a right to seek possession of it. If the sister-in-law is the sister of the husband who is now deceased, then the specifics of the property transfer and of the husband's will, among other things will determine whether she has any rights to the property. Consult a lawyer who is licensed to practice where the property is located.
What was a consequence of the high death rate in the colonies?
Women could inherit property from more than one husband.
If a deceased person's name is on a deed does a death certificate need to be porvided in order to sell the real estate property?
Depends on the original deed and wording. If the property was held 'with rights of survivorship' for a husband and wife, if the husband died the wife should be be able to sell it with a valid death certificate of the husband. If it was owned only by the deceased or as one of several owners, a Letter of Authority from the probate court is necessary to sell property.
Your husband is the grantee in a deed where the grantors reserved life estates and one has died. What rights does he have to the property?
The remaining life tenant has the right to the use and possession of the property for life. Upon the death of the remaining life tenant your husband will own the property absolutely, free of the life estates.
Can a divorced spouse claim ex-husband's property after his death if there was a property settlement during the divorce?
It depends on the specific terms of the property settlement and any subsequent agreements or court orders. Generally, if the settlement specified that the divorced spouse relinquishes any claim to the ex-husband's property after his death, they would not be able to claim it. However, if the settlement did not address this issue or if there were changes made to the agreement afterwards, it is possible that the divorced spouse could still claim the property.
When husband dies without a will and has joint tenancy with a third party what happens to property?
Any property your husband owns with another as a joint tenant will automatically pass to the surviving joint tenant upon his death. For example, if he and his brother own a cabin as joint tenants the cabin will belong to his brother if your husband dies first.
What if your husband and you were joint owners on a home he died 20 years agohe is still on the deed how do you remove it?
Generally you don't need to remove the deceased joint owner's name from the property. You need only to record a death certificate in the land records and ask that it be referenced to the deed. Upon the death of your husband the full ownership of the property automatically passed to you.
