If your common law spouse dies without a will is the surviving spouse entitled to his 401k pension plan?
There are a number of factors that can affect the ultimate payout. The employer and/or plan administrator would likely have a beneficiary designation on file for the 401(k). If the plan is an ERISA plan, it is unlikely that the interest of the surviving spouse (not the common law spouse) would be usurped. State law can come into play, too (ie, whether the wedded spouses were legally separated, etc.). I know this probably doesn't help, but the question is pretty vague and needs more details, such as was the spouse named as the beneficiary to the 401(k)? was the common-law spouse named as the beneficiary? what do the terms of the 401(k) plan indicate regarding distributions on the participant's death? is the plan governed by ERISA? were the spouses legally separated under state law (ie, did a court issue an order of separation? does state law take away the rights of a surviving spouse when there is a separation order?
Not enough information is given in order to answer. Entitled to the spouse's pension under what circumstances? Death? Divorce? Sham marriage? Common-law marriage? Not only is more information needed, all pension benefits are going to be different depending on the type of pension it is (e.g.: union pension - private employer pension - government pension - military pension?) You should probably consult with legal counsel over this question as it can get quite complicated depending on the circumstances, just a few of which are enumerated above.
Yes, if you are legally married, the survivor is usually entitled to continue to collect the pension. although at a reduced rate, than when the pensioner was alive. In certain cases, the pension dies with the person named in the paperwork. Check with the pension provider.what is considered legally married.is common law considered legalley married?
If the pension is through a company (not social security), then depending on the divorce agreement, the wife may be entitled to have a share. Alternatively, another piece of the couple's common monies become the offset to the wife. However, you both should know whether the pension has survivor components and will continue after your death.
Do heirs of deceased dad's portion of property willed through tenants in common liable to share expenses with surviving spouse for property taxes or other costs related to the home?
Typically, the surviving spouse who is living in the home under a probate homestead must maintain the home and pay interest on any mortgage debt. The heirs are liable for reductions in principal. The surviving spouse is not required to insure the home, but if she does, she is entitled to the proceeds for any claim.
Do the heirs of a Tenancy in Common become TIC with the surviving spouse or are they remaindermen of a vested interest?
In the state of Ohio if a spouse dies in a legal common law marriage performed before 1990 will the surviving common law spouse receive what the deceased spouse wishes in the legal will?
Yes. If the will is allowed the common law spouse will receive their devise under the will regardless of the status of the marriage. If the decedent died in Ohio without a will, or intestate, the surviving spouse in a common law marriage perfected before October 1991 would receive a spouses share under the laws of intestacy.
In Indiana if a husband dies without a will the surviving spouse is not on the deed of the house but the daughter is on the deed with Dad and there is no will who gets ownership of the house?
That would depend upon the laws of intestacy and survivorship in Indiana, and the exact words used in the deed. Without looking up your particular state: It may well be that the surviving joint tenant (the daughter) obtains exclusive ownership of the house, as the estate has no ownership of the house to distribute in probate of the intestate. If the daughter and father were tenants "in common", and not jointly, then the father's ownership passes to the statutory heirs by intestacy (typically half to the surviving spouse and half to be divided by all children or their surviving heirs, etc).