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How do you get property in your name if spouse dies without a will?

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βˆ™ 2006-07-19 16:54:24

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If the property is jointly owned by the married couple it generally reverts automatically to the surviving spouse and does not enter probate. If the married couple lived in a community property state the property does not need to have both names on the title for it revert to sole ownership by the surviving spouse. The procedure for changing deeds/titles to real property is established by state law. Contact the land recorder or assessor's office in the city or county where the property is located.

2006-07-19 16:54:24
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Related Questions

Why would your spouse exclude your name on the house he buys?

If you live in a separate property state that would mean your spouse wants to keep that property separate from you. If your spouse dies that property would not automatically pass to you. It would pass to the heirs at law or according to the will. It may also be considered separate property in the case of a divorce and the distribution of marital property.If you live in a separate property state that would mean your spouse wants to keep that property separate from you. If your spouse dies that property would not automatically pass to you. It would pass to the heirs at law or according to the will. It may also be considered separate property in the case of a divorce and the distribution of marital property.If you live in a separate property state that would mean your spouse wants to keep that property separate from you. If your spouse dies that property would not automatically pass to you. It would pass to the heirs at law or according to the will. It may also be considered separate property in the case of a divorce and the distribution of marital property.If you live in a separate property state that would mean your spouse wants to keep that property separate from you. If your spouse dies that property would not automatically pass to you. It would pass to the heirs at law or according to the will. It may also be considered separate property in the case of a divorce and the distribution of marital property.


In California if the spouse dies and have a credit card in his name and not mine am i responsible for his bills.?

It depends on if California is a community property state or non-community property state.


Can your ex spouse take your name off of property deeds without your signature?

No, you are still entitled to all of your property unless the court says otherwise.


If a man dies in Tennessee without a will but his wife's name is on the deed does she own the property?

While the property will eventually pass into the wife's name, it will have to go through probate. It is always best to have a will.


If you are married and your spouse dies and you are not living together and the property is in the spouses name what happens to it?

The answer depends on many factors. It depends on whether you live in a community property state and when your spouse acquired the property. It depends on whether your spouse left a will and if the property was devised in the will. It depends on whether there is a provision in your state law whereby a disinherited spouse can claim a share of the estate by "election" if the property was devised to another person. If there was no will then you can check the laws of intestacy in your state in the link at the related question below. You should contact an attorney in your area to determine if you have any interest in the property.


What happens in Michigan if a spouse dies and his name only was on the deed?

The wife should file a claim against the estate. She has rights in the property, even if her name is not on the deed. In most cases, she will inherit it all.


If your spouse dies and has credit cards in their name only can the surviving spouse negotiate with the creditors to get the amount reduced?

yes they can


A person has right to survivorship to property in Ct and the spouse who died had a judgment lien on the property in his name only is this lien still valid?

No. A benefit of owning property by survivorship is that the moment one owner dies their interest in the property disappears and the survivor is the sole owner. The creditor is out of luck.


What does Az law state when one spouse dies without a will?

What happens if you die without a Will? How will your property in Massachusetts pass to your loved ones? It is often said that if you don't have an estate plan, the State has one for you. Here it is:1) If a person dies with a spouse, and with kindred (relatives) surviving them, (but no children), the spouse is entitled to the first $200,000 and half of the remaining real and personal property. If the personal property is not sufficient to provide the surviving spouse with $200,000, real estate owned by the deceased can be sold or mortgaged to provide for the surviving spouse.If the deceased leaves issue (children, and children, grandchildren, etc. of deceased children), the surviving spouse shall take one half of all real and personal property.If the deceased leaves no issue or kindred, the surviving spouse inherits all of the real and personal property.2) After the surviving spouse's share is distributed, or if there is no surviving spouse, the remaining property is distributed in equal shares to the decedent's issue, by right of representation. If all issue are of the same degree of kindred (i.e., all are grandchildren, or all are greatgrandchildren) they shall share equally.If the decedent leaves no issue, than to his or her mother and father, or the survivor of them.If the decedent leaves no issue and no parents, than the property goes to his or her brothers and sisters, of the issue of any deceased brothers and sisters.If the decedent dies with no issue, parents or siblings then the property is distributed to then to his next of kin in equal degree; but if there are two or more collateral kindred in equal degree claiming through different ancestors, those claiming through the nearest ancestor shall be preferred to those claiming through an ancestor more remote.3) If someone dies with no spouse or kindred, their property shall escheat to the Commonweatlh.Those without a Will may think that their spouse will inherit all of their property upon their death, but as you can see, it is possible that a spouse would only inherit half of the property held in the decedent's name alone, while also providing for distributions to rather distant relatives. Is this how you would want your Will to read?


If a man dies without putting his wife on the deed to their house how does she get added to it?

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.


If your spouse dies without a will what happens to the car?

The answer depends upon which State your spouse was a legal resident of, and also, wether or not the car was in your spouse's name only. Foir instance, in NJ, if a person dies intestate (without a will), all possessions owned solely by the deceased person must be split 50/50 between the spouse and any children of their marriage. Possessions owned jointly with the spouse go directly to the spouse. Check with your local county offices on your State's law. Good luck.


What do you do when a spouse forges your name to sell property?

Sue. This is a felony.


Can x sell the house if your name is on the deeds and not mortgage?

Your interest in the property cannot be sold without your consent and signature. If your ex-spouse sells the property he/she can only sell a half-interest.


What happens if your spouse dies you're not on the mortgage but have the deed in your name?

Generally that means the mortgage was given to the bank before your name went on the deed. In that case you need to pay the mortgage or the bank will take the property by foreclosure.


Who would get your house in Minnesota if your husband of 13 months died and it is in his name?

When property is titled to only one person and the person dies, the property becomes part of the deceased estate. It then comes under the jurisdiction of probate court. The probate court takes charge of all the deceased assets and debts and distributes them in accordance with state law. If the person dies intestate (without a will) state default laws apply. Typically the spouse is the first on the list to inherit the estate, though if there are children by a different spouse, they are likely to get a share as well.


In Georgia if a spouse dies and leaves bills in their name is the surviving spouse responsible for those bills?

If a spouse dies without a will and no funds, any bill in his name alone is not payable. If the debt has both names,eg a credit card with both names) yes you are responsible.If a will is left and there outstanding debts, these must be paid from the proceeds of the will.--- A: Even in community property states, debt may be incurred by either or both parties seperately. If the bills are in the deceased spouse's name alone, then no -- there is no transmission of debt. If the bills are in the name of both spouses, then the surviving spouse is responsible for the debt. Questions that are more difficult apply when there's equity in the estate of the deceased spouse, such as a jointly owned house with a mortgage. This may vary from state to state, and should be answered by an attorney.


When a former spouse dies does the ex spouse whose name is on the mortgage become the sole owner of the property?

No, a person whose name is on the DEED may become the sole owner. The person whose name is on the MORTGAGE may have the priviledge of making the payments! Better contact the lawyer who handled your divorce for some advice.


Spouse is on title of house with his parents my name is not on it?

In that case, you are not an owner of the property.


What happens to community property when one spouse dies?

Far too complicated for a simple answer. How was the property held? In each name, or a joint tenants with right of survivorship? Was there a will? Are there surviving heirs other than the holder of the community property? And finally- it will be up to the laws of the state, province or nation where the community property is located.


As a joint tenant how do you transfer property to your name after your spouse dies?

When your spouse died the property automatically became your absolute property. That is the purpose of creating a joint tenancy in a deed. All you need to do is record a certified copy of the death certificate in the land records to clear the title and inform the world the other joint tenant has died. Operation of law transfers full title to you.


Can you remove your spouses name from a home insurance policy without there consent or signature?

No. If the property suffers any damages the proceeds will be paid over to the owners of the property. You would be committing fraud if your spouse is an owner.No. If the property suffers any damages the proceeds will be paid over to the owners of the property. You would be committing fraud if your spouse is an owner.No. If the property suffers any damages the proceeds will be paid over to the owners of the property. You would be committing fraud if your spouse is an owner.No. If the property suffers any damages the proceeds will be paid over to the owners of the property. You would be committing fraud if your spouse is an owner.


What happens to bank accounts after a spouse dies?

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.


If a spouse dies and leaves medical bills in their name is the surviving spouse responsible for those bills?

In most instances, the estate is responsible. It means the estate that is inherited from the spouse will be smaller.


What are the benefits of adding a spouse name to a house deed?

The advantage would be for the spouse if you reside in a community property state where survivorship goes to the spouse should a death occur and property is divided 50/50% in cases of divorce.


If your spouse dies do you need to pay off their credit card debt if the accounts were only in their name and there is no estate?

Only if it's a jointly held account. Otherwise, a person's credit card debt dies with him. * One exception might be a surviving spouse where the couple lived in a community property state. He or she is sometimes held accountable for debts made by the deceased spouse depending upon the circumstances under which the debt was incurred.