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If a spouse leaves everything to a spouse do you have to probate the will?
Wiki User
∙ 14y ago
If the decedent owned any property in his own name the estate must be probated. If all the property was jointly owned then full ownership passed to the surviving spouse and there is no need for probate. If you are unsure you should consult with an attorney who can review your situation.
Wiki User
∙ 14y ago
Wiki User
∙ 12y agoUnited States
Generally, in the United States, a person cannot disinherit their spouse. In most states (except Louisiana) the spouse has the statutory right to 'elect' to take an intestate share of the estate. To do so, the surviving spouse need only file a claim with the court and the court will award a share to the spouse that generally mirrors an intestate share.
You can check your state laws of intestacy at the link below. The surviving spouse should contact an attorney immediately to determine their right of election under state laws.
Generally you do need to name all of your children in the will, though you don't have to leave them something. Generally adult children can be disinherited. You must check your state laws to determine how a will must be drafted to effectively disinherit an adult child. In some states, if the will is not properly drafted, the court will decide the child was simply forgotten and will then distribute a share to that child.
Minor children cannot be disinherited.
Wiki User
∙ 12y agoNo, you do not have to leave them anything. There is no requirement for a sibling to receive any portion of an estate. The will can leave anything to anyone once the debts are cleared. Consult a probate attorney for drafting a will.
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What is a alien resient surviving spouse entitled to in probate court?
Probate court is used when the dead person has a Will leaving their money or possessions to another person. If the dead person leaves something to their spouse, the spouse will receive it.
Is a spouse responsible for a deceased spouse's car lease if it is in his name only?
A spouse is almost never responsible for the expenses of a deceased spouse. However, if the deceased spouse had money and there will be probate, someone may make a claim against the deceased spouse's money in probate court.
Can an executor be listed as a beneficiary?
Yes, and they frequently are as in the case of the standard husband and wife will, where each spouse leaves the entire estate to the other spouse and names that spouse the executor.
If a married persons dies and leaves everything to his spouse does the parent of the one that died have any rights to anything?
no they don't
Can adult children apply for probate if there is a surviving spouse?
Yes.
Does the surviving spouse have any rights if her spouse leaves the marital home to an adult child in his will in the state of North Carolina?
Yes, you do have rights. According to the section of the North Carolina Statutes provided below a surviving spouse has the right to an elective share of her husband's estate. You should seek the advice of a probate attorney in your area.
When there is a surviving spouse is the deceased spouse's estate subject to probate in the State of Florida?
Yes. There are some limitation based on the total value of the estate, but if real property is involved, you need the finalization of probate. * Florida allows married couples to hold real estate as Tenancy By The Entirety. When the property is titled TBE it passes directly to the surving spouse and is not subject to probate proceure or creditor attachment if the deceased spouse is the sole debtor.
MY HUSBAND RECENTLY DIED. HIS WILL LEAVES HIS ENTIRE ESTATE TO ME. IS IT NECESSARY TO PROBATE HIS WILL?
Probate may be needed it would be best for you to consult a probate attorney.
Do life insurance policies have to be listed in probate?
No if there is a surviving spouse and the children are grown
What happens when a woman is pregnant and her spouse does drugs?
She leaves her spouse.
Is probate necessary if the spouse inherits everything in nc and both names are on the house deed?
Yes, probate would be necessary to insure that all debts are taken care of, the title gets properly transferred and that the appropriate state and federal taxes are paid. Consult a probate attorney in NC for specifics. There may be a short version of probate that can be used.
Does ND require a probate to change owners if an owner dies and his spouse inherits it?
yes
