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.
In the state of Missouri, the wife automatically inherits property of her deceased husband. When either spouse dies, the surviving spouse has an undivided interest in the whole property, and the right to sole ownership.
In Texas, if a person dies without a will, their property will be distributed according to intestacy laws. This typically means that the property will pass to the surviving spouse and children in varying shares depending on the family situation. If the deceased had no spouse but had children, then the property would likely pass to the surviving children.
Generally the deceased share of the property will automatically pass to the surviving owners. The status of the property would however, depend upon the wording of the property deed.
In Ohio, a surviving spouse may have rights to a family allowance, exempt property, and a share of the deceased spouse's estate if there were children from a previous relationship. Depending on the circumstances, the surviving spouse may also have rights to social security benefits or life insurance proceeds.
You can't. The funds are the property of the surviving joint owner.You can't. The funds are the property of the surviving joint owner.You can't. The funds are the property of the surviving joint owner.You can't. The funds are the property of the surviving joint owner.
Washington State is a community property state, in most instances a surviving spouse is responsible for the deceased spouse's debts depending upon the nature of the debt and how the deceased's estate is handled under state probate laws.
No. When two people own property as joint tenants with the right of survivorship and one dies, the interest of the decedent passes automatically to the surviving joint tenant. When the surviving joint tenant dies the property passes according to their will or according to the laws of intestacy if they die intestate.
No. Property owned by virtue of a survivorship deed passes automatically to the surviving joint tenant on the deed, bypassing probate. Upon the death of that surviving joint tenant, the property would pass to their estate and would be distributed under the terms if their will or according to the state laws of intestacy if there is no will.No. Property owned by virtue of a survivorship deed passes automatically to the surviving joint tenant on the deed, bypassing probate. Upon the death of that surviving joint tenant, the property would pass to their estate and would be distributed under the terms if their will or according to the state laws of intestacy if there is no will.No. Property owned by virtue of a survivorship deed passes automatically to the surviving joint tenant on the deed, bypassing probate. Upon the death of that surviving joint tenant, the property would pass to their estate and would be distributed under the terms if their will or according to the state laws of intestacy if there is no will.No. Property owned by virtue of a survivorship deed passes automatically to the surviving joint tenant on the deed, bypassing probate. Upon the death of that surviving joint tenant, the property would pass to their estate and would be distributed under the terms if their will or according to the state laws of intestacy if there is no will.
In Colorado, a surviving spouse is entitled to an "elective share" of the deceased spouse's estate, which is typically one-third of the estate. If the deceased spouse's will does not provide for the surviving spouse, they can choose to receive the elective share instead. Colorado also has laws that protect a surviving spouse's rights to the marital home and certain personal property.
No, New York is not a community property state.
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.
Typically the spouse inherits the entire estate unless there are children involved.