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 many states, when there is no will the children inherit a portion of a deceased parent's estate that was not held jointly with right of survivorship with the surviving spouse. You would need to check the laws of intestacy for your state at the link below.
Whose name was on the account? If it was a joint account, then the surviving owners of the account "inherit" the portion contributed by the deceased spouse. If only the name of the deceased was on the account, and it is not a community property state, then the entire account belongs to the estate and will be distributed according to probate rules of the state.
"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.
It depends upon the state laws when and if the surviving spouse will be entitled to the property. The state probate and property succession laws will apply. If the married couple resided in a community property state she will only need to have the title amended once probate procedures have been completed. In other states, the surviving spouse may not be entitled to the property or may only be entitled to portion of the property, due to the fact that her name was not included in the titling of such. This will hold especially true if the property was bought by the deceased before the marriage.
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.
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.
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.
If the property is owned jointly, you can leave your portion of the property or your portion of the ownership to someone.
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.
You are responsible for the portion on your property and the other guy is responsible for the portion on their property.
Blue Sheild pays a portion of hospital expenses.
Yes, if they sue and receive a judgment against the debtor then a lien can be placed against real property or a portion thereof owned by the debtor.
Take them to court. nicole * Depending upon how the property is titled and the laws of the state where the property is located, the owner's may be able to file a lawsuit against the non compliant owner and request the property be partitioned.
If the property is real property the estate must be probated and any surviving children will become the new owners. You will own your portion until you sell or convey it to someone else by a deed. However, if the other owners want to sell the property and you cannot be found then they could seek a court order to sell your portion of the property and the proceeds would be placed on deposit in your name. Costs and fees thereafter could cause your portion to decrease. Personal property should be claimed within a reasonable period.
the deceased brothers estate would continue to have domain over the dead brothers portion of property.
If the property was in your mother's name alone and she died intestate the property would pass according to the laws of intestacy in your state. The children may be entitled to a portion. You can check your state at the link below.
A homestead exemption is used to protect the house of a deceased person from being sold to pay off creditors. It also exempts them from paying a portion of their taxes on their house. The surviving spouse applies for the exemption, and it is authorized by the state.
As long as there was no divorce an "estranged" wife would be the surviving spouse. The surviving spouse has the right to all the decedent's property in some states, and the right to a portion in others. You can check your state laws of intestacy at the related question link provided below.
In every state except Louisiana a surviving wife inherits all or a portion of her husband's property even if he failed to include her in his will. A surviving wife is also entitled to a portion of her husband's estate under the legal doctrine of election in most states. You should consult with an attorney who can review your situation and explain your rights under your state laws. You can check the laws of intestacy for your state at the related question link.
the surviving spouse receives an equal portion as each child.
That may mean the grantor has reserved a portion of the property from the conveyance that is not included in the sale.That may mean the grantor has reserved a portion of the property from the conveyance that is not included in the sale.That may mean the grantor has reserved a portion of the property from the conveyance that is not included in the sale.That may mean the grantor has reserved a portion of the property from the conveyance that is not included in the sale.
The governor of Massachusetts signed into law on January 28, 2009 a new probate code. The new code provides that the surviving spouse gets the entire estate as long as there are only children OF the marriage. The effective date of that section has not yet been found but it will be July 1, 2009 or later. The present probate code provides that the children receive a portion and if there are no children then the decedent's parents or siblings. You can read that section for intestate succession at the link below.
As per income tas act, R & D expenses shall be written of over a period of time. Every year portion of expenses is writtern off as it is classifed in operating expenses of the year. Unwritten off portion of R & D Expenses shall be classified under intangible assets.
She should have the rights to the house. Normally when a person dies without a will, the state has a default will that they use to determine who gets the assets. Check with an attorney for your state. * In every state the current spouse of the deceased is entitled to the homestead or a portion thereof. Generally the largest portion of an estate is awarded to the surviving spouse by means of the state probate succession laws when the person dies intestate. Furthermore, the primary residence of the married couple is never entered into probate procedure in community property states or included in probate procedure in other states unless the property title bears the names of persons other than the surviving spouse.
Consult a probate attorney immediately. A surviving spouse has preferred status and may be automatically eligible for a certain portion of the estate depending on how long she has been married to the decedent. Your attorney can help you claim what is yours.