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Can one spouse make a trust deciding what to do with property jointly owned if he dies first?
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Can a parent take possession of property if an adult child dies intestate?
If they have no spouse and no issue. Otherwise the spouse has first rights to the estate.
In pa when the house is owned jointly it is part of the estate?
When property is owned as joint tenants with the right of survivorship the property is NOT part of the estate of the first joint owner to die.
If a husband dies first can a trust be left dictating what happens to property jointly owned?
If two people own property jointly the sole ownership automatically passes to the surviving joint owner upon the death of the other. Neither can change that operation of law by their will or by a trust. The surviving owner can devise the property in THEIR will or transfer it to a trust.
If you are Married Filing Separately can you each deduct half of the property tax?
Maybe. If each of you paid one-half of the property tax, then each may deduct one-half. A deduction may be taken only by the person who was required to pay it and who actually paid it. If only one spouse paid the property tax, that spouse may deduct it. If one spouse itemizes deductions, the other spouse must also itemize, even if the first spouse is entitled to all of the deductions; i.e., the other spouse has few or no deductions.
In North Carolina is a spouse entitled to a portion of the other spouse's inheritance?
In general, no. First, North Carolina is not a community property state. Second, in general, inheritance remains separate property, even in community property states, unless the inheriting spouse commingles the assets (mixes the inheritance in with community assets; for example, deposits the money into a joint checking account).
What are a father's parental rights in Louisiana?
The laws of intestacy in Louisiana are unique. If you die without a will in Louisiana the laws of intestacy will distribute your property to your spouse and children. The division of the property depends on whether the property is separate property or community property. Community property is property that was acquired by a married couple during their marriage. Separate property is property that was inherited, owned before marriage, or gifts. Generally, the spouse receives no separate property. It passes to your children or grandchildren. The surviving spouse receives none of the decedent's share of the community property if the couple has children. Your community property will go first to your children. If you do not have children, your spouse will receive your community property. This comment addresses spouse and children only. For the full picture of intestacy in Louisiana an internet search will provide numerous articles and sites that discuss the details.
Can creditors go after estate property left to spouse's?
The estate pays all debts first and then distributes the assets. So yes they can.
My spouse passed away we had a mortgage on my home can my son take my home from me or force me to sell it?
Consider first the ownership of this house. A mortgage means you signed an agreement to pay for the property. It does not mean you own the home. It just means you have to pay for it. A deed indicates ownership and if your name is on the deed, you are an owner. Otherwise the deeded owner is free to do what he wants to with his property. The only wrench in the works for your son is that he can not get clear title to his property until the mortgage is satisfied. You are not going to want to continue making payments on a place you do not own. This is a sort of "Catch 22" and might help you and your son come to some reasonable decisions regarding this property that are fair to you. If your name is on the deed, your son does not get to decide what you do with your property, even if it was willed to him by your spouse, as long as you are alive.
A man bought a home prior to marriage then sold it to a trust then purchased another home as joint tenants with his wife. How valid is a will written by a single man after he has married?
Generally, a will written prior to marriage is invalidated by the marriage to the extent set forth by state law. The surviving spouse will be provided a share of the estate under most state laws. If the spouse dies owning real property, the surviving spouse will get a share in that property. In the scenario set forth in the question a man purchased property prior to his marriage and then transferred that first property to a trust before purchasing a second property as joint tenants with his wife. His wife would have no interest in the first property. As long as the trust is valid and the transfer was properly executed, the first property would not be included in the husband's estate if he died.
What rights does a spouse have at a time of death with a will by Colorado law?
The surviving spouse will receive all jointly owned property, including bank accounts, real estate and some vehicles. Any property in which they are named beneficiary, such as life insurance, IRA's and some annuities. All other assets proceed accordance with state laws governing decendancy, with the spouse receiving the first $200,000 and possibly three-fourths of the balance of the estate. Decendancy laws can be confusing, so it may be that obtaining the guidance of a probate or elder law attorney would be the best option. Having trouble with the link, more information can be found at www.povertylaw.org, click hotline, then Colorado, scroll to 'Support for Widows'.
Does an estate need to be established for personal items within a home by a spouse if the decedent has children from another relationship?
This question spotlights a difficult situation that can be avoided ahead of time simply by having a will. The best solution is for a parent to have a will drafted by an attorney who specializes in probate that clearly describes their personal property and clearly provides for its distribution. When there is no will the situation becomes extremely complicated and the distribution may depend upon the good graces of the surviving spouse. If the decedent died intestate owning valuable personal property in his own name, or if the home was furnished with property acquired during his first marriage, that property should be distributed to his children. Any property that has sentimental meaning to his children should be turned over to them to share and share alike. However, this is a shady area and the transfer of that type of property may be only at the discretion of the surviving spouse if the decedent died intestate. If the decedent and the surviving spouse had established and furnished their own home together the situation changes and the property should be considered jointly owned. In any case the parties should seek the advice of an attorney who specializes in probate law who can review the situation and discuss the governing law and options. Some states provide an intestate share to surviving children and others distribute it all to the surviving spouse. Community property states have their own rules of distribution.
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.
