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Q: If property was owned by deceased spouse after marriage what is the property rights of the surviving spouse with no will?
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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.


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.


Are there dower rights in Georgia?

Dower rights are the rights a wife has to the property of her deceased husband. They do exist in the state of Georgia.


Do children from 2nd marriage have any legal rights owned by their previous deceased father?

If their father is deceased, all of his children have some rights to his estate, unless specifically denied them in the will.


What rights do the children of a deceased parent have when it comes to property if the parent did not have a will and was remarried but was sole owner of real estate prior to marriage?

State probate laws determine intestate succession. It would be in the best interest of surviving family members to obtain legal advice or representation to protect any claims they may have in connection with the deceased's estate. Most states have a vested interest in protecting minors. As such, most of the intestate succession laws for this sort of situation have a very specific rule. If the parent has remarried, the property will be divided in half. One half will go to the new wife and the other half will be divided between the children of the previous marriage(s).

Related questions

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.


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.


After ten years together the man dies so does his companion have any legal rights to his property?

You have no right to your deceased partner's property unless you are the surviving spouse or unless he left a will with you as his beneficiary. Marriage creates a legal status that bestows hundreds of rights on the parties. If there is no marriage then legal documents such as wills and health proxies become extremely important as the only other way to acquire legal rights.


What are a wifes rights to property of deceased husband in the state of Missouri?

In the state of Missouri, the wife automatically inherits property of her deceased husband. When either spouse dies, the surviving spouse has an undivided interest in the whole property, and the right to sole ownership.


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.


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.


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.


Do children have rights in or to community property if father dies but mother is living?

You need to check your particular state laws. In a community property state each spouse owns a one-half share of the marital property. In some states a spouse can dispose of their interest by their will to someone other than their surviving spouse.Upon the death of one spouse state laws vary on intestate (without a will) inheritance. In some, the surviving spouse inherits their deceased spouse's share if there are children of the marriage. In some the surviving spouse receives only a half of that share if there are children by a former marriage. In Louisiana the share of a deceased spouse in community property passes to their estate if they had children but the surviving spouse can use the property until death or remarriage. If the deceased had no children the community property passes to the surviving spouse.People who own property in a community property state should consult with an attorney about estate planning. If you are a surviving child then you should consult with an attorney who specializes in probate law.


Can the surviving spouse of the deceased husband continue to receive mineral rights income he had inherited?

Typically the spouse will inherit the property of a deceased spouse. A will may assign things to other beneficiaries. Consult a licensed attorney in the state in question.


Would you be entitled to the property even though he purchased it in a previous marriage in Virginia?

You will have some rights in the property. However, unless it was in the divorce decree, or she is deceased, the wife at the time will have some rights as well. Consult a probate attorney in your state.


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.


In Texas if a deceased spouse has named someone other than the surviving spouse does the surviving spouse have any claim under community property?

Property acquired during a marriage is subject to community property laws.A surviving spouse in Texas has other laws that may grant rights in the decedent's estate depending on whether there is a Will or not: Laws of Intestacy and a surviving spouse's Right of Election. You should seek the advice of an attorney who can review your situation and explain your options.https://brazoslawyers.com/widows-right-election-texas/