The exector has a duty to execute the will. One of the first things is to value the estate and determine what the debts of the deceased are. Once the debts of the deceased are discharged, the remainder will go to the sole beneficiary.
An executor of the estate does not have the right to "take everything". Rather, the executor has the responsibility to execute the will of the person who died. If the deceased had no will and no immediate relatives, it gets more complicated.
That is the normal distribution. If there are others on the deed that may affect things. And a spouse normally has a right to the property for at least a life estate.
Generally, inherited property is separate property in a community property state.
Yes. If you are married and your spouse has bad credit, you inherit that bad credit and depending on the state, you can inherit half the debt if you divorce. * No, debts incurred before marriage do not affect a new spouse's credit report even in CP states. Problems could arise however, if the couple apply for a joint line of credit such as a mortgage.
Your estate is responsible for your debts. If the business is owned by the deceased, the business is responsible. A spouse is not responsible, but the amount they inherit will be affected by the debts.
Yes, and they frequently are as in the case of the standard husband and wife will, where each spouse leaves the entire estate to the other spouse and names that spouse the executor.
They need to close the estate. This is much easier when the spouse inherits everything.
In many jurisdictions, a will made prior to marriage is considered void and the intestate laws will be applied. Typically, if there are no issue from the deceased, the spouse will inherit everything. If there are issue, the estate is split between the spouse and the children.
Yes. A spouse can be named as executor of a will. A spouse can be appointed by the court if there is no named executor or the named executor cannot serve.
Generally, an executor doesn't need to be the "legal spouse".
It is not an automatic thing. They have to apply to the court just like anyone else does. It is common for the court to make such an appointment.
An executor of the estate does not have the right to "take everything". Rather, the executor has the responsibility to execute the will of the person who died. If the deceased had no will and no immediate relatives, it gets more complicated.
It is very common for the spouse to be the executor of a will. They can always decline the responsibility and the court will appoint someone else.
If there is no living spouse, the children inherit, after them the siblings. If there is no living spouse, children or siblings, parents inherit, after them first cousins, then second cousins, etc.
It makes a lot of sense to make them the executor. It is very common for the spouse to serve in that capacity.
There is still a need for an estate. While the current spouse will typically inherit at least half the estate, the children may be entitled to a portion.
Legally they have no standing to do so. Only the executor has the court order allowing them to act on behalf of the estate. The spouse certainly may influence them, but the executor still has to account to the court.