0
If a will was written prior to marriage what rights does a surviving spouse have?
Wiki User
∙ 14y ago
In most US states, a surviving spouse can elect against the decedent spouse's will, meaning that the suriving spouse has the right to receive a specified portion of the decedent spouse's estate. That portion may depend on how long they've been married and whether the decedent spouse has any children, inter alia.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
What rights does a surviving spouse in have in Ohio if the deceased had no estate?
If there is no estate, there are no rights or property to be had.
What rights do you have as an estranged wife are you still considered to be legal next of kin?
A legally married couple remains married until the marriage is dissolved by a divorce decree. If you are estranged from your husband and he dies you would be the surviving spouse and listed in the next of kin. You would take an intestate share of his estate as the surviving spouse according to your state laws of intestacy.
What rights do you have in your husband's estate as an estranged wife?
As long as there was no divorce an "estranged" wife would be the surviving spouse. The surviving spouse has the right to all the decedent's property in some states, and the right to a portion in others. You can check your state laws of intestacy at the related question link provided below.
Does property and estate automatically transfer to the surviving children if the deceased did not have a will in the state of Texas?
It will depend on who the survivors are. A spouse has rights as well as the children, even without a will.
If your mother and stepfather owned a house and your mom died do the stepchildren have any rights to the house on your mother's behalf?
No, unless the property was titled in such a way that it prevents the automatic succession to the surviving spouse, which is highly unlikely. In all states a primary homestead by-passes probate procedure and becomes the sole property of the surviving spouse.
If property was owned by deceased spouse prior to marriage what is the property rights of the surviving spouse with no will?
Typically the spouse inherits the entire estate unless there are children involved.
Who has legal rights over deceased spouse if surviving spouse remarries?
The surviving spouse has legal rights regardless of whether he/she remarries after the death of his/her spouse.
Nh common law marriage surviving spouse rights?
New Hampshire recognizes common law marriage for purposes of probate only. In other words, they recognize a common law marriage at the time of the spouses death to ensure the surviving spouse can receive the inheritance with no issues.
What does it mean by being a surviving spouse where no action for divorce or separation maintenance was pending at the time of decedent's death?
That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.
What is the legal position of husband with the regard to a wife's property when she was single?
In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.
If spouse dies before surviving parent what rights do you have to inheritance?
In the absence of a will, the property passes according the rules of intestate succession in the state the spouse died in. As far as I know, every state gives the estate to the surviving spouse, or the spouse and children in some proportion. Any will executed before the marriage is null and void as of the date of marriage, though you should consult an estate attorney on that state.
If divorced and the ex-spouse dies can the surviving spouse get married in the catholic church?
Yes, provided that there are no other impediments to a marriage, the surviving spouse would be free to marry.
What rights does a surviving spouse in have in Ohio if the deceased had no estate?
If there is no estate, there are no rights or property to be had.
In Texas does the step wife have rights to a property in a valid will?
There is no such legal entity as a step-wife. A second wife is the surviving spouse and has rights of inheritance under state laws. A wife who is disinherited by will has the right of election. The surviving spouse can elect to take a statutory share of the testator's estate. That share can be up to one-third of the estate. Texas is also a community property state. A surviving spouse has rights in any property acquired during the marriage. You should consult with an attorney who can review your situation and determine what your rights are under your state laws.
Is your marriage valid if your husband is married in a different state?
No. You can only be legally married to one person at a time in the United States. In addition, your "husband" lied on his application for your marriage license or it wouldn't have been issued. He needs to obtain a divorce from his wife before he can marry you. Note that until he does she is his surviving spouse if he should die and she would be entitled to all the legal rights as his surviving spouse including but not limited to rights of inheritance, pension, social security, insurance, etc.No. You can only be legally married to one person at a time in the United States. In addition, your "husband" lied on his application for your marriage license or it wouldn't have been issued. He needs to obtain a divorce from his wife before he can marry you. Note that until he does she is his surviving spouse if he should die and she would be entitled to all the legal rights as his surviving spouse including but not limited to rights of inheritance, pension, social security, insurance, etc.No. You can only be legally married to one person at a time in the United States. In addition, your "husband" lied on his application for your marriage license or it wouldn't have been issued. He needs to obtain a divorce from his wife before he can marry you. Note that until he does she is his surviving spouse if he should die and she would be entitled to all the legal rights as his surviving spouse including but not limited to rights of inheritance, pension, social security, insurance, etc.No. You can only be legally married to one person at a time in the United States. In addition, your "husband" lied on his application for your marriage license or it wouldn't have been issued. He needs to obtain a divorce from his wife before he can marry you. Note that until he does she is his surviving spouse if he should die and she would be entitled to all the legal rights as his surviving spouse including but not limited to rights of inheritance, pension, social security, insurance, etc.
How does the length of time a couple is married affect spousal rights in a will. How long do they have to be married for the new spouse to have rights to the estate if they were not included?
There is no time limit. The length of time of the marriage has no effect on the statutory rights of a legal spouse. The surviving spouse has legal rights . . . period. You can check those legal rights under your state laws of intestacy at the related question link provided below.
What are the legal rights of a surviving spouse in WI if a son from a previous marriage is left everything in a will?
There are a number of possible scenarios. If the marriage occurred after the will was written, the court will probably throw out the will and distribute the property according to intestacy laws, which would typically be a split between the two. Consult an attorney in your jurisdiction!
