0
In Texas if a deceased spouse has named someone other than the surviving spouse does the surviving spouse have any claim under community property?
Wiki User
∙ 14y ago
Property acquired during a marriage is subject to community property laws.
A surviving spouse in Texas has other laws that may grant rights in the decedent's estate depending on whether there is a Will or not: Laws of Intestacy and a surviving spouse's Right of Election. You should seek the advice of an attorney who can review your situation and explain your options.
Wiki User
∙ 6y ago
Wiki User
∙ 15y agoThat would depend entirely on Texas law. Suggest you consult a probate (or estates) attorney in Texas.
Add your answer:
Earn +20 pts
Do children have rights in or to community property if father dies but mother is living?
You need to check your particular state laws. In a community property state each spouse owns a one-half share of the marital property. In some states a spouse can dispose of their interest by their will to someone other than their surviving spouse.Upon the death of one spouse state laws vary on intestate (without a will) inheritance. In some, the surviving spouse inherits their deceased spouse's share if there are children of the marriage. In some the surviving spouse receives only a half of that share if there are children by a former marriage. In Louisiana the share of a deceased spouse in community property passes to their estate if they had children but the surviving spouse can use the property until death or remarriage. If the deceased had no children the community property passes to the surviving spouse.People who own property in a community property state should consult with an attorney about estate planning. If you are a surviving child then you should consult with an attorney who specializes in probate law.
Can you buy a property of a deceased person that has no executor?
You have to buy the property from someone. And the only person that can sell it is the executor.
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.
Is will in ga invalid if remarried after will was made?
if someone remarries after making a will, does that surviving spouse get 50% of property
Do I have a claim under the California Community Property Law if my late husband intended for his Retirement Insurance to go to me but his daughters are the named beneficiaries?
If by "retirement insurance" you mean a qualified retirement account covered by ERISA, then the retirement account had to provide that the surviving spouse is the beneficiary, unless the surviving spouse consented to a different designation (such as to the daughters). So the claim is not under community property law, but rather federal ERISA law. I'm not sure about California in particular, but in at least one community property state, you might have a claim for fraud against the community if your husband caused community assets to pass to someone other than you. It would be a difficult claim, though, because an exception to the fraud on the community claim is a "natural" disposition of the property. And it is natural for a father to leave assets to his children.
Can someone suing you go after a property that is titled to your wife?
Yes, if you live in a community property state.
Can a credit card company charge monthly finance charges after the death of the card holder if someone is trying to pay the debt off?
Yes. The question might possible be is anyone obligated to pay the debt at all? If the the deceased person was the only account holder, no one else is responsible for the debt; except posssibly the deceased's estate (if there is one). If there is a surviving spouse and the couple lived in a community property state, the spouse might be obligated to repay the debt(s)... Macky(macky83@juno.com)
What does Az law state when one spouse dies without a will?
In Arizona, if a spouse dies without a will, their assets will typically pass to the surviving spouse. If there are no surviving children or descendants, the surviving spouse will likely inherit the entire estate. If there are children or descendants from a previous relationship, the estate may be divided between the surviving spouse and the children or descendants.
What could be used as a legal definition of an estate?
The belongings of someone.
Can your husband transfer a property to someone else without your consent?
That depends on details such as the laws in your jurisdiction, who owns the property and whether you live in a community property state.That depends on details such as the laws in your jurisdiction, who owns the property and whether you live in a community property state.That depends on details such as the laws in your jurisdiction, who owns the property and whether you live in a community property state.That depends on details such as the laws in your jurisdiction, who owns the property and whether you live in a community property state.
Can a child inherit a mothers house if deceased step father's name is still on the deed?
In the event the step father is deceased, yes. But, you will need a copy of the death certificate showing that he is in fact deceased. Also you will need to know if he had a will that willed the property to someone else.
What happens to deceased personal effects left in apartment?
Normally, when a person dies, some person or persons will inherit the possessions of the deceased person. This is easier to figure out if there is a will. If there is no will, the courts have to rule on the matter. In some cases, there is no surviving relative who might plausibly inherit, and property (if any) will be claimed by the state. Abandoned possessions can always be turned in to the police, who can hold them until someone can prove that they own them. However, if the abandoned possessions appear to be of little value, they may just be thrown out.
