Typically, the surviving spouse who is living in the home under a probate homestead must maintain the home and pay interest on any mortgage debt. The heirs are liable for reductions in principal. The surviving spouse is not required to insure the home, but if she does, she is entitled to the proceeds for any claim.
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.
The rights of a surviving spouse vary by jurisdiction, but generally include the right to claim a portion of the deceased spouse's estate, known as the "elective share." This ensures that the surviving spouse receives a minimum percentage of the estate, regardless of what is stated in the will. Additionally, the surviving spouse may also have the right to certain property or assets owned jointly with the deceased spouse. However, it's important to consult with a legal professional to understand the specific laws and rights applicable in your situation.
"Someone else" gets the property. The surviving spouse can certainly contest the will. And there may be specifics in the state that entitle the surviving spouse to a portion of the real property, or a life estate in real property. Consult an attorney licensed in the state in question.
Generally, if she was married to the decedent at the time of death then she is entitled to a portion of the estate as the surviving spouse.
Whether or not you can collect your deceased parent's pension depends on the specific policies of the pension plan. In some cases, a surviving child may be eligible for a portion of a deceased parent's pension, while in others, only a surviving spouse or dependent may qualify. You should contact the pension plan administrator or consult a legal professional to understand your rights and eligibility.
Let me see if I've got this right... the ex-husband inherited property from his deceased mother. If the ex-wife has no claim to that property, she cannot put a lien on that property. Now if she were awarded a portion of that property in the settlement, and agreed to sell her portion to her husband, she could retain a lien on it until it was paid off, but I'm not getting the impression that's the case here. Basically, if it was never yours to begin with, you have absolutely no justification to try putting a lien on it.
Your father's estate is responsible for paying the funeral expenses from his assets. The expenses and debts of the estate must be paid before any distribution is made to any of the beneficiaries. Therefore the funeral expenses must be paid before the beneficiary receives her portion from the estate.
In many cases, a surviving spouse may be eligible to receive a portion of their deceased spouse's pension benefits. The exact amount and eligibility criteria will depend on the pension plan's rules and the specific circumstances. It's important to check with the pension plan administrator.
Statutory share is the portion of a deceased person's estate that is guaranteed by state law to go to their surviving spouse or children, even if they are not mentioned in the will. This provision helps to protect the rights of the spouse and children to receive a fair share of the estate, preventing disinheritance in some circumstances.
In the absence of a will, laws of intestate succession govern property distribution. Typically, surviving children would inherit a portion of the estate based on state laws. The exact distribution would depend on factors such as the number of children, spouse's rights, and other relatives.
In many jurisdictions, a surviving spouse may have a right to inherit a portion of the deceased spouse's estate, even if not mentioned in the will. This is usually governed by laws that protect the rights of surviving spouses. It is advisable to consult with a legal professional to understand specific rights based on the laws of the relevant jurisdiction.
Many states give a surviving spouse a right to inherit a portion of their late spouse's estate under the doctrine of election, even if the decedent left the property to someone else by will. You need to check your particular state.Many states give a surviving spouse a right to inherit a portion of their late spouse's estate under the doctrine of election, even if the decedent left the property to someone else by will. You need to check your particular state.Many states give a surviving spouse a right to inherit a portion of their late spouse's estate under the doctrine of election, even if the decedent left the property to someone else by will. You need to check your particular state.Many states give a surviving spouse a right to inherit a portion of their late spouse's estate under the doctrine of election, even if the decedent left the property to someone else by will. You need to check your particular state.