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It depends on the specific details laid out in the will and the laws of the jurisdiction. In some cases, property left in a will may go to the surviving spouse, while in other cases, it may be distributed according to the deceased person's wishes as outlined in the will.
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Can the property of the decedent go to the spouse instead of the heirs?
Yes, in some places, the property of a decedent can pass directly to the surviving spouse instead of the heirs, depending on the laws of intestate succession in that jurisdiction. This is typically the case in community property states or where there is a valid will that leaves the property to the spouse.
If father has died without any will this property will go to whom he is servived with his wife two sons and four married daughter?
If the father has died without a will, his property will be distributed according to the laws of intestacy in the relevant jurisdiction. This typically means that the property will be divided among the surviving spouse and children, with shares distributed according to specific guidelines set out in the law. It is advisable to consult with a legal professional in the jurisdiction where the father resided to determine the exact distribution of the property.
If I don’t have a Will, does my property automatically go to my spouse?
In general, if you pass away without a will, the laws of intestacy in your state will determine how your property is distributed. These laws typically prioritize spouses and children, so your spouse may receive a portion of your estate. However, the exact distribution depends on state laws and other factors like children from prior relationships. It's best to consult with a legal professional for personalized advice.
Can a spouse change a will after her husband dies?
No, a spouse cannot change the deceased husband's will after he dies. The will becomes irrevocable upon the death of the testator. Any changes would need to go through the probate process.
In disclaimers of inheritance do the spouses and children not named in the will also have to renounce in the state of NJ?
In New Jersey, spouses and children not named in the will are not required to renounce their rights to inheritance. However, they may choose to challenge the will in court if they believe they have been unjustly excluded.
Is there a law according to which father has distribute his property equally among all his sons?
I don't know what country you're talking about but there is no such law in the US. When a person dies, his or her property will be left to whomever is named to receive the property in the will. if there is no will, the property will go to the spouse. If there is no spouse, the property will be inherited equally by all children of the deceased. If there are no children, no spouse, and no will, then I'm not sure.
Can creditors go after estate property left to spouse's?
The estate pays all debts first and then distributes the assets. So yes they can.
If a spouse's parent dies and leaves inheritance does this become community property with your spouse?
Not immediately. When you inherit something it is separate property because it was specifically designated to go to you. If you put these funds in a joint account or share them with your spouse then it would likely be deemed as transforming to community property.
What if your name is not on the deed but your husband left the property to you in his will. Will the property go to you?
Yes. As long as the will was drafted properly according to state laws the court will approve it and the property will pass to the surviving spouse as long as there are no debts that must be paid by selling the real estate. The estate must be probated in order for title to pass to the surviving spouse legally. The property will be subject to any encumbrances that existed prior to your husband's death such as a mortgage.
If a spouse dies and has a will leaving property to a child do they get it or does everything automatically go to the surving spouse.?
A person can leave property to anyone they choose. However, they cannot disinherit their spouse in MOST jurisdictions. If the father left everything to a child, his spouse has the right to make a claim to the court for a share in most states. The amount of the spousal share would be governed by state statute and may include a third or half interest of certain property. The scheme varies from state to state in those states that provide the spouse with an automatic share. It may fall under "elective share", "dower rights" or more complicated formulas in community property states. Any property that falls outside of that automatic share could be devised to a child of the deceased or any other family member, friend, charity, etc. You would need to check the laws of your state. If you find yourself on either side of that situation you should seek the advice of an attorney as soon as possible who could review the estate, explain your options under your state law and make a claim, if necessary, within the statutory time frame.
Are you entitled to any of your dads property when he passes if there is no written will?
If you live in the U.S., each state has its own laws on what happens to the property of those who die without a will. They may be titled "descent and distribution" or some similar name in your state's code. In most places, property will go to the surviving spouse. If there is no spouse, the it will be divided among any surviving children. If there is are no children or spouse left, the property goes further up the family tree to the deceased person's parents or siblings. Check your state's laws.
What rights do you have to your fathers estate in Texas when there is no will and he has remarried?
The community property will be split in half, half for his spouse and the other half for his children. The separate property, if any, will go to the children, with 1/3rd going to the spouse. And the spouse will have a life estate in 1/3rd of all real property with the remainder to the children.
Basic Rules and Regulations in Volleyball?
don't go past the surving line.
How will property be split in Mexico if your spouse is a citizen of Mexico and you are a US citizen and the property is in both of your names?
it would go to the legal resident of the host country
Does spouse get property in a trust?
Whether or not a spouse gets property in a trust depends on how the trust is set up. All sorts of different trusts exist to serve different purposes. If you live in Florida and want to avoid the law that prevents you from disinheriting your adopted child, a trust is the way to go. That way you can leave all your money to your spouse and hope the kid will grow up to the point that he would not spend every cent he is left on cocaine.
Is it legal for a spouse to abandon their mate financially and leave them in uninhabitable rental house when they are ill and unable to work.?
It can be, if the spouse left their spouse with no money or someone to look after them, it can be. They would have to go to court.
If your car is in your name only can the bank go after your spouse for payments?
yes when you get married,all property is concidered shared
