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Can common law spouse's remove things from the estate if their is no will and surviving children from a previous union?
Wiki User
∙ 10y ago
No, that would not be permissable. There are few places that allow common law spouses, so check that carefully.
Wiki User
∙ 10y ago
In general, common law spouses do not have statutory inheritance rights, so they may not be able to remove assets from the estate without a will. If there is no will, the estate would typically pass to the surviving children from a previous union. The laws regarding intestate succession vary by jurisdiction, so it's best to consult with a probate attorney for guidance specific to the situation.
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If property was owned by deceased spouse after marriage what is the property rights of the surviving spouse with no will?
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.
Is a common law wife considered next of kin?
No, a common law spouse typically is not considered next of kin unless recognized as such under specific state laws. Next of kin are usually defined as blood relatives or legally married individuals. It's advisable for common law spouses to have legal documentation in place to establish rights in case of emergency.
Is a common law spouse entitled to the estate if there are children from a prior marriage?
In most jurisdictions, common law spouses are not automatically entitled to a portion of the estate if there are children from a prior marriage. However, laws vary by state, and some jurisdictions may recognize common law spouses as having certain inheritance rights. It is important for the common law spouse to consult with a lawyer to understand their rights in this situation.
When a home is owned by two people through a deed of trust and one party dies who owns the contents of the home?
Typically, the contents of the home would be considered part of the deceased person's estate and would be distributed according to their will or state laws if there is no will. The ownership of the home itself might depend on how ownership is structured in the deed of trust, and the surviving owner may need to work with legal counsel to clarify ownership rights.
RSPCC stands for The Royal Society for the Prevention of Crulty to Children.?
Actually, RSPCC is a common misspelling. The correct acronym is NSPCC, which stands for the National Society for the Prevention of Cruelty to Children in the UK.
What does means children are not common to both spouses?
If children are not common to both spouses it means that one of the spouses is not the biological parent. One of the parents is a step-parent. The child was not born to the married couple, but resulted from a previous relationship.
Nh common law marriage surviving spouse rights?
New Hampshire recognizes common law marriage for purposes of probate only. In other words, they recognize a common law marriage at the time of the spouses death to ensure the surviving spouse can receive the inheritance with no issues.
If both spouses are on the house deed and one dies can the children go after the house?
That depends on how the property was titled. If the spouses owned as joint tenants with the right of survivorship or tenants by the entirety (as most married couples do) then you have no claim whatsoever. In that case, the property automatically passed to the surviving spouse. If it happens the property was owned as tenants in common then you may acquire an interest in your deceased parent's half along with the surviving spouse providing the parent didn't leave the property to their surviving spouse by will. First check the tenancy on their deed.
Why was Saint Monica forced to marry?
At the time arranged marriages were common. Parents arranged spouses for their children.
Can a surviving parent be executor if there are living children?
Yes, that is very common. The spouse is typically the executor of the estate.
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 the childless spouse in a common law marriage responsible financially for paying child support to children from their common law partners previous marriage?
No, only the biological parents pay for their children.
What does tenancy mean?
Joint tenancy is actually a term involving ownership of property. The two most common legal forms of property ownership involving two or more people are as "joint tenants" or as "tenants in common." Spouses of one another generally take title as joint tenants, because on the death of a joint tenant the surviving joint tenant automatically becomes the owner of the property. If they had been tenants in common, the deceased person's share would have formed part of the deceased person's estate, which might not have been left to the surviving tenant in common.
If your common law spouse dies without a will is the surviving spouse entitled to his 401k pension plan?
There are a number of factors that can affect the ultimate payout. The employer and/or plan administrator would likely have a beneficiary designation on file for the 401(k). If the plan is an ERISA plan, it is unlikely that the interest of the surviving spouse (not the common law spouse) would be usurped. State law can come into play, too (ie, whether the wedded spouses were legally separated, etc.). I know this probably doesn't help, but the question is pretty vague and needs more details, such as was the spouse named as the beneficiary to the 401(k)? was the common-law spouse named as the beneficiary? what do the terms of the 401(k) plan indicate regarding distributions on the participant's death? is the plan governed by ERISA? were the spouses legally separated under state law (ie, did a court issue an order of separation? does state law take away the rights of a surviving spouse when there is a separation order?
Are common law spouses recognized in Texas to make all medical decisions for the other spouse if there are grown children involved?
Normally, yes. But it is a very good idea for both spouses to get a living will because you never know what the future will bring and you don't want to take a chance on being the next Terry Schiavo. Children don't have juristiction in medical decisions of their parents unless the one making the decision is found incompetent.
Do the heirs of a Tenancy in Common become TIC with the surviving spouse or are they remaindermen of a vested interest?
A person who inherits an interest in real estate would become a tenant in common with the surviving co-owner.
What are laws based on common sense and judges previous decisions?
Common law and case law is derived from previous decisions. There is no law based simply on common sense.
