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The reading of a will, though a wonderful literary device (particularly in English murder mysteries), is of no legal significance in U.S. jurisdictions.
A better question is whether the surviving spouse, though in possession of his or her deceased spouse's original will, can refuse to submit the will to the probate court. The answer is yes, though it requires some explanation.
If all the decedent's property was held in joint tenancy with the surviving spouse (a common arrangement in most jurisdictions), then there is no need for a probate proceeding to determine ownership of the property. By filing a copy of the death certificate with the appropriate authorities (usually the county Recorder for real property, the bank itself for checking, savings and CD accounts, or the brokerage house for stocks and bonds held in a brokerage account), the surviving joint tenant acquires sole ownership. If all property was held in such a fashion then there is no need for a probate proceeding and no obligation to file the will with the probate court.
Another person could initiate a probate proceeding even without a copy of the will. Once the petitioner gave the surviving spouse notice of the proceeding he or she might find it to be in his or her best interest to file the will with the probate court -- though if he or she was confident that there was no property belonging to the decedent there might not be any incentive to respond to the probate proceeding even then. The petitioner who filed the probate proceeding might then have wasted filing (and lawyers) costs; it is even possible that additional costs could be assessed against the petitioner if it turned out that he or she knew or should have known that the proceeding was unnecessary.
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What is a wife entitled to if you are married in Oklahoma?
Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.
Does a surviving spouse have to pay deceased spouse's back taxes when the surviving spouse never worked but was only a dependent?
No a spouse is not to pay the taxes which are due by her dead spouse.
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.
Does a surviving spouse in Texas have to get surviving children to sign before he sells his home?
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.
What does it mean by being a surviving spouse where no action for divorce or separation maintenance was pending at the time of decedent's death?
That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.
Are you the surviving spouse even if you were not cohabiting with your spouse at the time of death?
IF you were legally married then you are the surviving spouse whether or not you had lived together at the time of his death
If the surviving spouse dies before he invokes his right of election can his executor act on his behalf?
Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.
Can the surviving spouse's wages be garnished for the deceased spouses medical bills?
No - the surviving spouse is not liable for the deceased person's bills !
Is biological son entitled to a share of fathers estate when there is no will in the state of Colorado?
You can check your state laws of intestacy at the link provided below. Choose your state then click on "Read the text". Generally in Colorado the distribution of an intestate estate with a surviving spouse and children depends on whether the surviving children are also the children of the surviving spouse.
If divorced and the ex-spouse dies can the surviving spouse get married in the catholic church?
Yes, provided that there are no other impediments to a marriage, the surviving spouse would be free to marry.
In the state of Georgia if a spouse receives life insurance benefits is the surviving spouse responsible for the deceased spouse debt if surviving spouse's name is not on any of the debt owed?
In Georgia, as in most states, life insurance proceeds to a named beneficiary become the property of the beneficiary and are therefore not accessible to the creditors of the decedent. Of course, this does not apply to joint debt between the spouses or any debt solely in the name of the surviving spouse. In short, if the surviving spouse's name is not on the debt of the decedent, the surviving spouse has no legal obligation to pay such debt.
Is a surviving spouse responsible for a deceased spouse's medical bills in Massachusetts?
No
