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That depends on the laws of the jurisdiction. In many cases the spouse is entitled to a portion of the estate, which may be 1/3rd or 1/2. Check with a probate lawyer in your jurisdiction.
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∙ 10y ago
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Is your spouse entitled to half of your estate?
Typically your spouse will be entitled to at least half the estate, even if the will says otherwise.
If no will was made who receives the estate the wife or children?
Yes. In most cases the government splits the estate in half and gives half to the spouse and half to the children.
What rights do you have to your fathers estate in Texas when there is no will and he has remarried?
The community property will be split in half, half for his spouse and the other half for his children. The separate property, if any, will go to the children, with 1/3rd going to the spouse. And the spouse will have a life estate in 1/3rd of all real property with the remainder to the children.
What happens in Ohio when the spouse's parents pass leave half interest to the spouse and then the spouse dies and other relatives are after the spouse's interest in the parent's estate?
You, and his descendants, should inherit his estate. His estate includes the inheritance from his parents. There should be no argument about it. Contact a knowledgable probate attorney for assistance.
Spouse dies with a will that gives to her children. surviving spouse wants to stay in the house. Does he have to sell house in order to pay her children half of the equity or does he get a life estate?
In Texas, the suriving spouse has a life estate and does not have to sell.
If Deceased spouse estate doesnt have enough money to pay the medical bill?
Depending on the State and if the spouse, or other family member, guaranteed payment they may end up with the bill.
What if the estate of one spouse is different from the surviving spouse?
It usually is. Even where the spouses own property jointly, each spouse owns only an undivided half. Whatever is in the decedent spouse's estate will pass according to the decedent's Will, if there was one, or by the laws of intestacy, if there was not, or in accordance with joint tenancy with right of survivorship or a beneficiary designation.
If dad dies and there is a stepmom who is executor is accounting of estate still required?
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.
What do you do if there is no estate of the deceased spouse and are getting medical bills in spouse name only?
Open an estate so they can be resolved. If the estate has no assets, they won't get paid.
If a will is deemed invalid does the spouse automatically get the estate left behind?
The spouse will be entitled to a portion, perhaps all, of an estate if there is no will.
Who are the legal beneficaries of my mother who recently passed away with no will?
the surviving spouse is the legal beneficary unless otherwise stated Her Children. Each state has rule of intestacy that specify how an estate will be divided if there is no will. Typically the spouse will inherit all, but if there are children it is often divided into halfs and the spouse gets half and the children get the other half.
If a spouse dies and leaves medical bills in their name is the surviving spouse responsible for those bills?
In most instances, the estate is responsible. It means the estate that is inherited from the spouse will be smaller.
