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How does the suriving spouse claim deceased assets since there is no will?
Wiki User
∙ 13y ago
Open an estate through the probate court. They can be appointed the executor. Consulting a probate attorney for your location is a good idea.
Wiki User
∙ 13y ago
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Can you claim wife as a dependent?
You may never claim your spouse as a dependent. You may, however, claim a standard exemption for your spouse if she does not have to file and you are not filing jointly (and as long as no one else is claiming her as a dependent).
Can you claim your spouse as a dependent on your tax return?
No. If you're Married Filing Jointly, then you're allowed one personal exemption for you and one exemption for your husband. You can't claim your spouse as a dependent. Even if you're working and your spouse isn't, you can't claim your spouse as a dependent because you're allowed to claim two personal exemptions total for the two of you as a married couple filing jointly.
What is a claim against assets?
Refund of money,debt,assets,or nay value at time of liqidation
I received a 1099-c in my deceased spouses name do you still have to claim this?
If when your spouse passed away, a Trust or an Estate was setup to manage their remaining assets, then you are required to file a tax return for the trust or estate and the 1099-c would need to be included on that tax return. If no Trust or Estate was established, then you do not need to file an Estate tax return. Your spouse's final return would be processed either jointly with yours or individually depending on how you have historically filed and your individual tax situation. The 1099-C would NOT be included in that return.
Can you claim your husband on your tax return?
If you're Married Filing Jointly, then you're allowed one personal exemption for you and one exemption for your husband. You can't claim your spouse as a dependent. Even if you're working and your spouse isn't, you can't claim your spouse as a dependent because you're allowed to claim two personal exemptions for the two of you as a married couple filing jointly.
Can surviving spouse sell boat only with deceased name?
yes, but you would have to go thought probate and any debts owed by the estate of the deceased have first claim on any assets, and/or proceeds from the sale of said assets.
Is a spouse responsible for the others child support from a previous marriage if he dies?
No. But, the child/children of the deceased may have a claim to assets of their father's estate.
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 a hospital take your home if your deceased spouse owes bills?
It is entirely possible that they can place a lien on the house. The hospital is entitled to place a claim against the estate and its assets. If the house is an asset, they can attach a lien to it to get their money.
Can credit card companies of deceased family member demand payment from spouse not on the account?
Yes, they can make a claim. The spouse is considered to have benefited from the debts.
What is spousal election?
==One Answer== Spousal election is the method used in certain states for a spouse to claim a portion of the estate of a deceased spouse who disinherited them by will. Generally the disinherited spouse can elect to claim a portion equal to what they would have received if the decedent had died intestate.
Can Medicaid take assets after a death?
Medicaid can file a property lien and/or estate claim to recover expenses from the assets of the deceased recipient.
How do you go about filing claim on deceased spouse social security benefits for arrears on child support?
Not applicable. You will receive nothing more than the normal amount for a child of a deceased parent.
Can you file a wrongful death suit on behalf of your same-sex spouse?
Depends. In the few states which recognize gay marriage - where you are legally your deceased spouse's next-of-kin - yes. Elsewhere, you would have to be Executor of the deceased's estate to bring a wrongful death claim.
Could the husband of a deceased sister have a claim to her inheritance?
Of course. The spouse is almost always the next of kin. As next of kin he is in line to inherit unless she has a will that directs otherwise or he caused her death in a criminal manner. In England & Wales, the deceased's estate goes automatically to the remaining spouse.
In Indiana is the surviving spouse responsible for deceased spouse medical bills The deceased was on her medical plan but signed his own responsibility sheet for each doctor's visit?
Unless the survivors signed some type of contract or agreement to be responsible for the deceased's medical bills, it is the deceased's ESTATE which is liable for the expense. The medical suppliers should first file a claim against the insuror and THEN proceed against the deceased's estate for any unpaid remainder - NOT the survivors.
Is a wife entitled to her husbands inheritance during marriage?
No. A spouse has no right to any interest in their husband's or wife's inheritance. In most States in the event of the death of either husband or wife their estate automatically passes to the surviving spouse. There are other states that allow other immediate family other than the surviving spouse to lay claim on assets if the deceased did not have a legal will. If the husband or wife has a legal will that designates the inheritance or other property or possessions to other family members/people, the surviving spouse may contest the will but that is usually not very successful in most cases. Regarding marital assets and divorce: most states consider an inheritance separate property and not part of the marital assets as long as the recipient keeps it separate.
