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If you are the spouse can you bring a law suit against the estate if treated unfairly?
Wiki User
∙ 13y ago
In most states a surviving spouse cannot be disinherited and can claim a share of the estate under the doctrine of spousal election. Generally, it is much simpler than a will contest and only requires the filing of the claim with the probate court. You should consult with an attorney who specializes in probate law in your area who could review your situation and inform you of your rights and options under your state laws.
Wiki User
∙ 13y ago
Yes, a spouse can potentially bring a lawsuit against the estate if they believe they have been treated unfairly in the distribution of assets. This would typically involve contesting the will or challenging the decisions made by the executor of the estate. It is advisable to seek legal counsel to understand the specific laws and process in your jurisdiction.
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What rights does a surviving spouse in have in Ohio if the deceased had no estate?
In Ohio, a surviving spouse may have rights to a family allowance, exempt property, and a share of the deceased spouse's estate if there were children from a previous relationship. Depending on the circumstances, the surviving spouse may also have rights to social security benefits or life insurance proceeds.
If a will was written prior to marriage what rights does a surviving spouse have?
In many jurisdictions, a surviving spouse may have a right to inherit a portion of the deceased spouse's estate, even if not mentioned in the will. This is usually governed by laws that protect the rights of surviving spouses. It is advisable to consult with a legal professional to understand specific rights based on the laws of the relevant jurisdiction.
What are Colorado laws on surviving spouse and property?
In Colorado, a surviving spouse is entitled to an "elective share" of the deceased spouse's estate, which is typically one-third of the estate. If the deceased spouse's will does not provide for the surviving spouse, they can choose to receive the elective share instead. Colorado also has laws that protect a surviving spouse's rights to the marital home and certain personal property.
Is a spouse next of kin in SC?
Yes, a spouse is considered next of kin in South Carolina. They have legal rights to make medical decisions and manage the estate of their deceased spouse.
What rights do a surviving spouse have if not mentioned in the will?
The rights of a surviving spouse vary by jurisdiction, but generally include the right to claim a portion of the deceased spouse's estate, known as the "elective share." This ensures that the surviving spouse receives a minimum percentage of the estate, regardless of what is stated in the will. Additionally, the surviving spouse may also have the right to certain property or assets owned jointly with the deceased spouse. However, it's important to consult with a legal professional to understand the specific laws and rights applicable in your situation.
Do you have to list your spouse as your beneficiary on your retirement application?
No, but you may need to ensure that the spouse if you are estranged cannot make a claim against this as an estate in the event of anything happening to you if that is what you want.
Is an ex-wife who remarries but have children and grandchildren be a beneficiary of a man who dies intestate?
Generally, an ex-spouse is barred by law from making any claims against the estate of their former spouse. Generally, a divorce decree bars either party from making any claims against the other, as between the parties, forever. An ex-spouse can make a claim against the estate of a decedent who is in default of child support payments.
What do you do if there is no estate of the deceased spouse and are getting medical bills in spouse name only?
Open an estate so they can be resolved. If the estate has no assets, they won't get paid.
If a will is deemed invalid does the spouse automatically get the estate left behind?
The spouse will be entitled to a portion, perhaps all, of an estate if there is no will.
Is your spouse entitled to half of your estate?
Typically your spouse will be entitled to at least half the estate, even if the will says otherwise.
When one spouse has a judgment enter on them can they levy property that is jointly owned by the other spouse?
In Michigan can jointly owned real estate by used to satisfy a judgement against one of the joint owners?
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.
Are surviving spouses responsible for medical bills of expired spouse when there is no estate?
In general, the estate has primary responsibility, one of the reasons to create an estate. The spouse will typically be responsible for the debt.
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.
Does a spouse have rights to redeem a Certificate of Deposit issued by a bank in the deceased spouse's name?
No, the spouse does not. However, the executor of the estate, which could be the spouse, does have the right. They will have to show a Letter of Authority from the court and account for the monies as part of the estate.
Is a surviving spouse responsible in Oklahoma for Credit card debt of the deceased spouse if the living spouse never signed and document?
In Oklahoma, the deceased's estate is responsible. The spouse can be held as a beneficiary of the costs and by inheriting less from the estate.
Is surviving spouse responsible medical bills in Michigan?
The estate is responsible for all the bills of the deceased. The spouse will be required to pay them from the estate funds.
