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You are asking if the spouse can inherit property instead of the heirs. I assume the heirs were listed in a will. In the United States, inheritance is in a state court. Each state has its own law. Without seeing the actual will, I can not comment on it. However it sounds like a mess. In this state it is difficult for a person to disinherit a spouse. I do not know about where you live. I would suggest seeing a local lawyer.
What else can I help you with?
Does property left to heirs remain as estate of individual until sold?
Yes, the property left to heirs becomes part of the individual's estate until it is transferred or sold by the heirs. The heirs inherit the property with the rights and responsibilities associated with ownership while it remains part of the estate.
What is an affivadit of heirship?
An affidavit that states the heirs of a decedent. An Affidavit of Heirship is used instead of probate when a person dies without a will. http://www.heirship.com/2009/11/affidavit-of-heirship.html
Does property and estate automatically transfer to the surviving children if the deceased did not have a will in the state of California?
The estate passes to the heirs at law according to the state laws of intestacy. Generally, if there is no surviving spouse it passes to the children equally. You can check the laws of California at the related question link.The estate passes to the heirs at law according to the state laws of intestacy. Generally, if there is no surviving spouse it passes to the children equally. You can check the laws of California at the related question link.The estate passes to the heirs at law according to the state laws of intestacy. Generally, if there is no surviving spouse it passes to the children equally. You can check the laws of California at the related question link.The estate passes to the heirs at law according to the state laws of intestacy. Generally, if there is no surviving spouse it passes to the children equally. You can check the laws of California at the related question link.
Do all heirs have to agree to the sale of property when there is no will?
Yes, all heirs typically need to agree to the sale of property when there is no will. Each heir has a legal right to inherit a portion of the property, so their consent is usually required for any decision regarding the sale of the property. If an agreement cannot be reached, a court may need to be involved to determine the outcome.
Can 1 heir sell property out of five in Ohio?
Yes, in Ohio, if there are multiple heirs to a property, one heir can sell their share without the consent of the other heirs. Each co-owner has the right to sell or transfer their interest in the property without approval from the other co-owners.
What happens to property of a non resident who dies without a will who is estranged from spouse.?
It passes to the decedent's heirs, the spouse of which will be one.
Can someone among the heirs transfer deeds since other died but his spouse alive since the property not transfer?
If the decedent owned the property by a survivorship deed with his spouse then the property will become the sole property of the surviving spouse upon his death. If the decedent was the sole owner of the property then his estate must be probated in order for the title to real estate to pass to the heirs legally. The property will pass according to the will once it has been reviewed by the court. If the decedent had no will, their property passes according to the laws of intestacy in their jurisdiction. You should contact an attorney who specializes in probate law in your area.If the decedent owned the property by a survivorship deed with his spouse then the property will become the sole property of the surviving spouse upon his death. If the decedent was the sole owner of the property then his estate must be probated in order for the title to real estate to pass to the heirs legally. The property will pass according to the will once it has been reviewed by the court. If the decedent had no will, their property passes according to the laws of intestacy in their jurisdiction. You should contact an attorney who specializes in probate law in your area.If the decedent owned the property by a survivorship deed with his spouse then the property will become the sole property of the surviving spouse upon his death. If the decedent was the sole owner of the property then his estate must be probated in order for the title to real estate to pass to the heirs legally. The property will pass according to the will once it has been reviewed by the court. If the decedent had no will, their property passes according to the laws of intestacy in their jurisdiction. You should contact an attorney who specializes in probate law in your area.If the decedent owned the property by a survivorship deed with his spouse then the property will become the sole property of the surviving spouse upon his death. If the decedent was the sole owner of the property then his estate must be probated in order for the title to real estate to pass to the heirs legally. The property will pass according to the will once it has been reviewed by the court. If the decedent had no will, their property passes according to the laws of intestacy in their jurisdiction. You should contact an attorney who specializes in probate law in your area.
What is meant by heirs at law?
Heirs at law are the persons who would inherit the property of a decedent who died with a Will.Heirs at law are the persons who would inherit the property of a decedent who died with a Will.Heirs at law are the persons who would inherit the property of a decedent who died with a Will.Heirs at law are the persons who would inherit the property of a decedent who died with a Will.
Do material items have to go through probate?
Yes. Any property owned by a decedent should be probated for distribution to heirs after the debts have been paid.Yes. Any property owned by a decedent should be probated for distribution to heirs after the debts have been paid.Yes. Any property owned by a decedent should be probated for distribution to heirs after the debts have been paid.Yes. Any property owned by a decedent should be probated for distribution to heirs after the debts have been paid.
Does Massachusetts require probate following a death?
If the decedent owned any property- yes. Real property cannot pass to the heirs legally until the estate is probated.If the decedent owned any property- yes. Real property cannot pass to the heirs legally until the estate is probated.If the decedent owned any property- yes. Real property cannot pass to the heirs legally until the estate is probated.If the decedent owned any property- yes. Real property cannot pass to the heirs legally until the estate is probated.
What are the laws in California if a spouse dies and both names are not on the house?
As a general rule, the surviving spouse can at least claim his/her community property interest in the property; the balance of the prop interest would be subject to claims by the decedent's heirs at law (children, siblings, parents, etc.). If there are no such heirs at law, then the surviving spouse should be able to claim 100%.
Can other heirs take a home if your name is on the deed?
You need to add more details.If the decedent executed and recorded a valid deed prior to their death with you as the grantee then the property would not be in the decedent's estate at the time of their death. In that case the heirs could not "take" the property.You need to add more details.If the decedent executed and recorded a valid deed prior to their death with you as the grantee then the property would not be in the decedent's estate at the time of their death. In that case the heirs could not "take" the property.You need to add more details.If the decedent executed and recorded a valid deed prior to their death with you as the grantee then the property would not be in the decedent's estate at the time of their death. In that case the heirs could not "take" the property.You need to add more details.If the decedent executed and recorded a valid deed prior to their death with you as the grantee then the property would not be in the decedent's estate at the time of their death. In that case the heirs could not "take" the property.
Trust deed leaves property to 4 adult children and Both parents have now passed away What if one of the four die Where does their share go?
If the deed is silent, the decedent's share passes to the decedent's estate (to the decedent's heirs, if no Will, or beneficiaries, if there is a Will). If the deed is silent, the decedent's share passes to the decedent's estate (to the decedent's heirs, if no Will, or beneficiaries, if there is a Will).
Is the estate responsible for medical bills if there is no will?
Yes. The decedent's estate is responsible for their debts whether or not there is a will. The debts must be paid from the decedent's estate before any property can be distributed to the heirs. The creditors can file a claim against the estate for unpaid bills.Yes. The decedent's estate is responsible for their debts whether or not there is a will. The debts must be paid from the decedent's estate before any property can be distributed to the heirs. The creditors can file a claim against the estate for unpaid bills.Yes. The decedent's estate is responsible for their debts whether or not there is a will. The debts must be paid from the decedent's estate before any property can be distributed to the heirs. The creditors can file a claim against the estate for unpaid bills.Yes. The decedent's estate is responsible for their debts whether or not there is a will. The debts must be paid from the decedent's estate before any property can be distributed to the heirs. The creditors can file a claim against the estate for unpaid bills.
Can executor use monies from decedent's estate to pay property taxesinsurance on a residence jointly owned by some but not all of the heirs to the estate without prior consent of the heirs?
Assuming that the decedent's Will does not provide otherwise, and assuming that the decedent was liable for the taxes and insurance, or assuming that the residence is included in the decedent's estate, then yes.
What rights do heirs have if while living the decedent transferred their property to a trust?
Generally, that property is not part of the decedent's estate and cannot be reached. However, you should consult with an attorney who can review the trust, if possible, to make certain it is valid. An improperly drafted trust can be vulnerable to heirs and creditors.
If a married woman with three children dies intestate how would her property be distributed?
" If there is no will , the procedure used for transferring property the deceased propert to his/her heirs is called Intestate succession. In the state of California the rules for dividing property are complex and dependent upon the relationship of kin: separate property: if the decedent has no will and leaves a spouse and one child, property is divided equally, 50-50. if there is a surviving spouse and two children, 1/3 goes to the spouse and 2/3 to the children. if there is no surviving spouse, property is divided qually among the children."
