0
If a spouse dies in Virginia with real estate in his name only does it automatically pass to the spouse?
Wiki User
∙ 14y ago
These are selections from the Virginia intestate succession statutes. (Title 64.1, Wills and Decedents' Estates, Chapter 1, Descent and Distribution)
64.1-1. Course of descents generally.
When any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in parcenary to such of his kindred, male and female, in the following course:
First. To the surviving spouse of the intestate, unless the intestate is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case two-thirds of such estate shall pass to all the intestate's children and their descendants and the remaining one-third of such estate shall pass to the intestate's surviving spouse.
Second. If there be no surviving spouse, then the whole shall go to all the intestate's children and their descendants.
Third. If there be none such, then to his or her father and mother or the Survivor.
Fourth. If there be none such, then to his or her brothers and sisters, and their descendants.
Fifth. If there be none such, then one moiety shall go to the paternal, the other to the maternal kindred, of the intestate, in the following course:
Sixth. First to the grandfather and grandmother or the survivor.
Seventh. If there be none, then to the uncles and aunts, and their descendants.
Eighth. If there be none such, then to the great grandfathers or great grandfather, and great grandmothers or great grandmother.
Ninth. If there be none, then to the brothers and sisters of the grandfathers and grandmothers, and their descendants.
Tenth. And so on, in other cases, without end, passing to the nearest lineal ancestors, and the descendants of such ancestors.
Eleventh. If there be no paternal kindred the whole shall go to the maternal kindred; and if there be no maternal kindred, the whole shall go to the paternal kindred. If there be neither maternal nor paternal kindred, the whole shall go to the kindred of the husband or wife, in the like course as if such husband or wife had died entitled to the estate.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
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.
When a person dies is their estate automatically placed in probate?
It does not happen automatically. Someone has to file for the probate to be opened.
What is a spouse entitled to if their spouse dies without a will in NY?
I believe a spouse if entitled to 1/3 of the estate....prevents them from becoming a charge of the state.
What happens in Ohio when the spouse's parents pass leave half interest to the spouse and then the spouse dies and other relatives are after the spouse's interest in the parent's estate?
You, and his descendants, should inherit his estate. His estate includes the inheritance from his parents. There should be no argument about it. Contact a knowledgable probate attorney for assistance.
Spouse dies with a will that gives to her children. surviving spouse wants to stay in the house. Does he have to sell house in order to pay her children half of the equity or does he get a life estate?
In Texas, the suriving spouse has a life estate and does not have to sell.
Can a parent take possession of property if an adult child dies intestate?
If they have no spouse and no issue. Otherwise the spouse has first rights to the estate.
When the cosigner dies is the spouse responsible for a repossion that she did not cosign for?
The spouse is not responsible and should not have this on her credit. But the estate of the deceased will still be responsible for the debt.
Is a house automatically part of the estate when someone dies?
Not always. It depends upon how the property is deeded. For example, when a married person dies the primary residence usually becomes the property of the surviving spouse. Likewise, financial obligations (loans, liens, etc.) become the responsibility of the surviving spouse although there might be exceptions in some states.
When a spouse dies does the living spouse have to pay medical bills for the dead?
The estate will be responsible for the bills. The spouse indirectly will pay, as they cannot inherit until they are resolved.
Does spouse has any interest in life estate deed if grantee dies?
good faith deed
When husband dies with no will or children does his estate that he owned before marriage go to his spouse or closest blood kin in Texas?
It would go to his spouse
How is the estate divided once the spouse of the decease dies?
In whatever way it was provided for. I am assuming that the deceased left everything to his or her spouse and now the spouse has died. If he or she had a will, trust, or other way to distribute the estate then it would be distributed according to his or her wishes. If not, then the estate would go through intestacy
