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Can a person who is not the next of kin or the spouse of the deceased have the right to over ride the wishes of the legal kin?
Wiki User
∙ 12y ago
The executor has the responsibility to resolve the estate and settle debts regardless of what the next of kin want.
Wiki User
∙ 12y ago
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Who has legal rights over deceased spouse if surviving spouse remarries?
The surviving spouse has legal rights regardless of whether he/she remarries after the death of his/her spouse.
What does Issuance Of Letters Testamentary mean?
Issuance of Letters Testamentary is a legal document issued by the court that authorizes the executor or personal representative to administer the estate of a deceased person according to their will. It gives the executor the legal authority to manage the deceased person's assets and carry out their wishes as outlined in the will.
Is the family allotted money from a deceased account?
It depends. a. If the deceased individual has a legal will, the people mentioned in his will, will be given the money from his account b. If he does not have a legal will, then his legal heirs (spouse and/or children) will be given the money from his account c. If he does not have any spouse or children, then the remaining family members will be given the money
In the state of Ohio if a spouse dies in a legal common law marriage performed before 1990 will the surviving common law spouse receive what the deceased spouse wishes in the legal will?
Yes. If the will is allowed the common law spouse will receive their devise under the will regardless of the status of the marriage. If the decedent died in Ohio without a will, or intestate, the surviving spouse in a common law marriage perfected before October 1991 would receive a spouses share under the laws of intestacy.
Is a spouse next of kin in SC?
Yes, a spouse is considered next of kin in South Carolina. They have legal rights to make medical decisions and manage the estate of their deceased spouse.
What makes you a legal personal representative?
A legal personal representative is typically named in a person's will, trust, or appointed by a court to manage and distribute the deceased person's estate. To be a legal personal representative, one must have the legal authority granted by the deceased's estate planning documents or court order to act on behalf of the deceased person and carry out their wishes.
How do you find out if your in a will?
When you are a beneficiary in a will you are contacted by the executor of the will as it is their legal duty to carry out the wishes of the deceased and to show that all wishes have been met to the court before they can receive their payment
Who legally owns ashes after cremation family or spouse?
there is no relevant section in law that determine who owns the ashes of the deceased, however, one would assume that the same legal principal applies regarding the deceased's property. if the deceased was married at time of death, the wife is entitled to keep the ashes at her own will, or may delegate ownership to the parental figures in question, or any person who she permits to have the ashes.
Is a will filed in the town a person lived?
A will should be filed in the probate court of the county where the person resided at the time of their death, not necessarily the town where they lived. This is typically done to ensure that the correct legal procedures are followed for administering the estate according to the deceased person's wishes.
Is a divorced spouse entitled to a death certificate in Ca?
If the spouse can prove that a death certificate is needed to prove that the ex-spouse is deceased in order to clear up legal issues. Such as support (alimony), property, etc.
Who are legal heirs?
Legal heirs are individuals who are entitled to inherit the assets and property of a deceased person according to the laws of inheritance in their jurisdiction. The specific legal heirs can vary depending on the jurisdiction and the specific circumstances, but generally, they include the spouse, children, parents, and other close relatives of the deceased.
When a Life estate remarries and the person with the life estate becomes deceased what rights does the new spouse have?
That depends on whether there is a will or not. If a will has been properly executed then the will takes precedence. If there is no will then the estate passes to the current spouse. The previous spouse can attempt to use legal means to gain part of the estate, but the divorce should have already partitioned up the estate. Also descendents of the deceased estate owner may use legal process to gain part of the estate. For a more sure answer speak with an attourney who specialises in your states/areas specific laws on estates.
