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If your spouse dies without a will and the home was not titled in both names will the surviving spouse become the sole owner of the property.?
Wiki User
∙ 14y ago
According to most state laws, without a will, the wife is entitled to a portion of her husband's estate. If he didn't have a will, and had children, the whole estate, including the house, gets divided according to the state's law. Some states have homestead provisions, which again means she has an interest in the property, if it was her main residence. But the percentage is sometimes capped by the state's laws.
You can check your state laws of intestacy at the related question link provided below.
Wiki User
∙ 14y ago
Wiki User
∙ 16y agoIf the house was in "joint" title, then the absence of a will is irrelevant because the home automatically belongs to the surviving spouse and does not become part of the probate estate. Only the probate estate would be subject to the Georgia rules of intestacy.
Incidentally, in Georgia code, if a spouse dies intestate, with no surviving children or other descendants, the surviving spouse becomes the sole heir anyway. O.C.G.A. § 53-2-1
Wiki User
∙ 8y agoThe property would pass according to the Florida laws of intestacy. If there is no surviving lineal descendant of the decedent (child or the children of any deceased child), the entire intestate would pass to the surviving spouse. You should seek advice from an attorney who specializes in probate law in Florida,
Wiki User
∙ 14y agoYou need to check the laws in your country or jurisdiction. You can check the related question below for the laws of intestacy in the United States and the UK.
Wiki User
∙ 13y agoThe rules of intestacy would apply to this asset just as it would any other.
See related question link provided below to check the laws of intestacy in the US and UK.
Wiki User
∙ 14y agoIt will depend upon how the deed is worded. Typically, yes, a spouse would become sole owner of the property. Consult a probate attorney in Florida for specifics and how it works.
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Does property and estate automatically transfer to the surviving children if the deceased did not have a will in the state of Texas?
In Texas, if a person dies without a will, their property will be distributed according to intestacy laws. This typically means that the property will pass to the surviving spouse and children in varying shares depending on the family situation. If the deceased had no spouse but had children, then the property would likely pass to the surviving children.
When a spouse dies with property that is inherited in Ohio does that property convey to the surviving spouse if there is no will?
yes
According to NY law if one spouse dies and the property was in both names who becomes sole owner of property?
In New York, if property is held jointly with right of survivorship between spouses and one spouse dies, the surviving spouse becomes the sole owner of the property. This means that the property automatically transfers to the surviving spouse outside of the probate process.
Does a surviving spouse in Texas have to get surviving children to sign before he sells his home?
That depends on how you and your spouse held title to your property and whether the surviving children are the children of both the decedent and the surviving spouse. You should consult with an attorney.
Spouse has been dead less than a year. Can property owned tenants by the enterities with right of survivorship be sold?
Yes. Property held as tenants by the entirety becomes the sole property of the surviving spouse bypassing probate. It can be sold by the surviving spouse.
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.
In the state of Georgia if a spouse receives life insurance benefits is the surviving spouse responsible for the deceased spouse debt if surviving spouse's name is not on any of the debt owed?
In Georgia, as in most states, life insurance proceeds to a named beneficiary become the property of the beneficiary and are therefore not accessible to the creditors of the decedent. Of course, this does not apply to joint debt between the spouses or any debt solely in the name of the surviving spouse. In short, if the surviving spouse's name is not on the debt of the decedent, the surviving spouse has no legal obligation to pay such debt.
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.
When parent dies without will can the adult children take possession of the deceased parent's property and assets in Florida?
That depends on whether your parent was married at the time of death and if yes, whether the surviving spouse is also your parent. If the surviving spouse is not also your parent then the estate will be shared 50/50 with the surviving spouse getting half and the surviving children by a first wife sharing the other half. If the surviving spouse is also your parent then the surviving spouse gets 100%. If there is no surviving spouse the children get 100%.It is likely the estate will need to be probated. You should seek advice from an attorney who specializes in probate matters and who can provide up to date information.https://www.thebalance.com/dying-without-a-will-in-florida-3504952
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.
If a spouse dies but leaves the property in a will to someone else what happens?
"Someone else" gets the property. The surviving spouse can certainly contest the will. And there may be specifics in the state that entitle the surviving spouse to a portion of the real property, or a life estate in real property. Consult an attorney licensed in the state in question.
How do you get property in your name if spouse dies without a will?
If the property is jointly owned by the married couple it generally reverts automatically to the surviving spouse and does not enter probate. If the married couple lived in a community property state the property does not need to have both names on the title for it revert to sole ownership by the surviving spouse. The procedure for changing deeds/titles to real property is established by state law. Contact the land recorder or assessor's office in the city or county where the property is located.
