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If a married spouse buys a home in his name only is that considered marital property upon his death?
no
If a mobile home in the name of only one spouse and they die is the other spouse resposible for the the debit?
The estate of the deceased is responsible for the debts. The spouse is going to have to pay the debt as a beneficiary of the home purchased by the spouse.
What rights spouse have after death of the other spouse if the home was purchase before marriage by one spouse?
Depends on the will
Why would a spouse be considered a secondary owner of real estate property?
Either because they jointly participated in the purchase or jointly obtained a loan on the home, or because the home is located in a community property state.
You want to give your present spouse lifetime rights to a home you purchased prior to marriage Do you do this in a will or do you add it to the deed?
Generally, there is no automatic life estate for the surviving spouse in property solely owned by the decedent.You should consult with an attorney who specializes in real estate and probate law who can review your situation and explain your options. The attorney can draft a life estate document in favor of your spouse and have it recorded in the land records. Once recorded the life estate cannot be terminated except with consent of the holder or their death.You could also set forth a life estate in your Will that would take effect upon your death if you still own that property. That way your heirs could inherit the property but your surviving spouse would be entitled to its use and possession for the duration of their life.
Is a spouse of one of the beneficiaries of an estate permitted to remove tangible property from the home such as tools?
The spouse of a beneficiary has no rights to the estate. Removal of property without the executor's authorization could be prosecuted as theft.
Is your home part of your estate?
If you own your home at the time of your death it will become part of your estate. If the title is held jointly with another person the title will pass automatically to that person at the time of your death and the home will not become part of your estate.
Does the surviving spouse have the right to live in the spousal home after the death of a spouse?
That depends on whether your spouse left a will and the provisions in the will or if they died without a will (intestate). If your spouse left the home to you in their will the estate must be probated and title will pass to you. If they provided you with a life estate in their will you can continue to live there for the duration of your natural life. If they left it to someone else, their children, you may have a statutory right to a share. If they died without a will you may have a statutory share under the state laws of intestacy which you can check at the related question link provided below. You need to consult with an attorney who can review your situation and explain your rights and options.
Does beneficiary's spouse sign off upon sale of home from estate?
It will depend on the specific laws of the state in question. In most cases a spouse has an interest in the real property that their spouse owns while they are married.
Who is responsible for a home equity line of credit after death?
The estate of the deceased.
What are Colorado laws on surviving spouse and property?
Surviving spouses in Colorado are entitled to property that was shared with the deceased partner, even if no will explicitly says so. The survivor also has the ability to be named as the personal representative of the estate.
If your ex spouse has a lien on a home you own jointly and he dies does the survivor owe the lien to the estate?
Yes because there is no one else to take the home.
