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Married couple have Florida deed in Fee Simple spouse dies intestate does deceased spouse's child from previous marriage have any claim to interest in home Is Florida default Tenancy in the Entirety?
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What rights do the children of a deceased parent have when it comes to property if the parent did not have a will and was remarried but was sole owner of real estate prior to marriage?
The rights of the children would typically depend on the local laws regarding intestate succession. In some jurisdictions, the children may have a claim to a portion of the real estate. However, the surviving spouse would usually have rights to a significant portion as well. It is advisable to consult with a probate attorney to determine the specific rights of the children in this situation.
Our father died intestate our mother is deceased and father had one child from a prior marriage. How will his estate be distributed?
All your father's children are entitled to an equal share in his estate. You can check the laws of intestate distribution at the related question link provided below.
In the state of Georgia do children from a first marriage have any legal rights to properties owned by their recently deceased father?
If your father died intestate, without a will, you can check out the laws of intestacy for the state of Georgia at the related question below.
Is the last will made before marriage and the executor so named in the will still effective in the state of Texas and what are the rights of surviving spouse with out a will?
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.
What is a leverit?
Levirate marriage is a type of marriage in which the brother of a deceased man is obligated to marry his brother's widow, and the widow is obligated to marry her deceased husband's brother
Can you take ownership of a house you and your deceased boyfriend shared if he didn't have children and your name isn't on the deed?
No. Not unless he left the property to you in his will. If he died intestate, or without a will, the property will pass to his heirs at law according to the state laws of intestacy. Legal rights as an heir are acquired by virtue of a valid marriage.
Do children of previous marriages have to sign any type of release forms regarding your estate?
Your spouse's children from a previous marriage have no interest in your estate except under certain circumstances:If you legally adopted themCertain states give them an interest if you die intestate with no other heirs at lawYour own children from a previous marriage are still your heirs at law. They have automatic rights to your estate in many states especially if you die intestate (without a will) and are remarried to someone who is not their mother. With this type of concern, you should arrange a consultation with an attorney who specializes in probate law in your jurisdiction and who can assist you in drafting a will that will carry out your wishes according to state laws. That will make your estate invulnerable to challenges. Estate planning is an important aspect of life.See related question link for intestacy laws in your jurisdiction.Your spouse's children from a previous marriage have no interest in your estate except under certain circumstances:If you legally adopted themCertain states give them an interest if you die intestate with no other heirs at lawYour own children from a previous marriage are still your heirs at law. They have automatic rights to your estate in many states especially if you die intestate (without a will) and are remarried to someone who is not their mother. With this type of concern, you should arrange a consultation with an attorney who specializes in probate law in your jurisdiction and who can assist you in drafting a will that will carry out your wishes according to state laws. That will make your estate invulnerable to challenges. Estate planning is an important aspect of life.See related question link for intestacy laws in your jurisdiction.Your spouse's children from a previous marriage have no interest in your estate except under certain circumstances:If you legally adopted themCertain states give them an interest if you die intestate with no other heirs at lawYour own children from a previous marriage are still your heirs at law. They have automatic rights to your estate in many states especially if you die intestate (without a will) and are remarried to someone who is not their mother. With this type of concern, you should arrange a consultation with an attorney who specializes in probate law in your jurisdiction and who can assist you in drafting a will that will carry out your wishes according to state laws. That will make your estate invulnerable to challenges. Estate planning is an important aspect of life.See related question link for intestacy laws in your jurisdiction.Your spouse's children from a previous marriage have no interest in your estate except under certain circumstances:If you legally adopted themCertain states give them an interest if you die intestate with no other heirs at lawYour own children from a previous marriage are still your heirs at law. They have automatic rights to your estate in many states especially if you die intestate (without a will) and are remarried to someone who is not their mother. With this type of concern, you should arrange a consultation with an attorney who specializes in probate law in your jurisdiction and who can assist you in drafting a will that will carry out your wishes according to state laws. That will make your estate invulnerable to challenges. Estate planning is an important aspect of life.See related question link for intestacy laws in your jurisdiction.
Does the current wife inherit the deceased husband's entire estate if had children from a prior marriage and died intestate?
No! While the laws vary from state to state, most of them will split the estate in two, giving half to the current spouse and half to the children from previous marriages. Consult an attorney in the appropriate state for the laws that will apply.
Why aren't deceased persons allowed to marry?
Marriage is a contract. A deceased person does not have the legal capacity to willingly enter into any contracts.
In the state of Ohio if a spouse dies in a legal common law marriage performed before 1990 will the surviving common law spouse receive what the deceased spouse wishes in the legal will?
Yes. If the will is allowed the common law spouse will receive their devise under the will regardless of the status of the marriage. If the decedent died in Ohio without a will, or intestate, the surviving spouse in a common law marriage perfected before October 1991 would receive a spouses share under the laws of intestacy.
If father remarried has children from second marriage and adult children from previous marriage are all the children entitled to inherit under Texas law?
Generally yes if your dad dies intestate. In Texas the intestacy law is as follows (please note especially the bold sections): Sec. 38. PERSONS WHO TAKE UPON INTESTACY. (a) Intestate Leaving No Husband or Wife. Where any person, having title to any estate, real, personal or mixed, shall die intestate, leaving no husband or wife, it shall descend and pass in parcenary to his kindred, male and female, in the following course: 1. To his children and their descendants. 2. If there be no children nor their descendants, then to his father and mother, in equal portions. But if only the father or mother survive the intestate, then his estate shall be divided into two equal portions, one of which shall pass to such survivor, and the other half shall pass to the brothers and sisters of the deceased, and to their descendants; but if there be none such, then the whole estate shall be inherited by the surviving father or mother. 3. If there be neither father nor mother, then the whole of such estate shall pass to the brothers and sisters of the intestate, and to their descendants. 4. If there be none of the kindred aforesaid, then the inheritance shall be divided into two moieties, one of which shall go to the paternal and the other to the maternal kindred, in the following course: To the grandfather and grandmother in equal portions, but if only one of these be living, then the estate shall be divided into two equal parts, one of which shall go to such survivor, and the other shall go to the descendant or descendants of such deceased grandfather or grandmother. If there be no such descendants, then the whole estate shall be inherited by the surviving grandfather or grandmother. If there be no surviving grandfather or grandmother, then the whole of such estate shall go to their descendants, and so on without end, passing in like manner to the nearest lineal ancestors and their descendants. ===(b) Intestate Leaving Husband or Wife.=== Where any person having title to any estate, real, personal or mixed, ===other than a community estate,=== shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows: 1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants. 2. If the deceased have no child or children, or their descendants, then the surviving husband or wife shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person, and the other half shall pass and be inherited according to the rules of descent and distribution; provided, however, that if the deceased has neither surviving father nor mother nor surviving brothers or sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate. Sec. 41. MATTERS AFFECTING AND NOT AFFECTING THE RIGHT TO INHERIT. (b) Heirs of Whole and Half Blood. In situations where the inheritance passes to the collateral kindred of the intestate, if part of such collateral be of the whole blood, and the other part be of the half blood only, of the intestate, each of those of half blood shall inherit only half so much as each of those of the whole blood; but if all be of the half blood, they shall have whole portions. Sec. 43. DETERMINATION OF PER CAPITA AND PER STIRPES DISTRIBUTION. When the intestate's children, descendants, brothers, sisters, uncles, aunts, or any other relatives of the deceased standing in the first or same degree alone come into the distribution upon intestacy, they shall take per capita, namely: by persons; and, when a part of them being dead and a part living, the descendants of those dead shall have right to distribution upon intestacy, such descendants shall inherit only such portion of said property as the parent through whom they inherit would be entitled to if alive. ===Sec. 45. COMMUNITY ESTATE.=== (a) On the intestate death of one of the spouses to a marriage, the community property estate of the deceased spouse passes to the surviving spouse if: (1) no child or other descendant of the deceased spouse survives the deceased spouse; or (2) all surviving children and descendants of the deceased spouse are also children or descendants of the surviving spouse. (b) On the intestate death of one of the spouses to a marriage, ===if a child or other descendant of the deceased spouse survives the deceased spouse and the child or descendant is not a child or descendant of the surviving spouse, one-half of the community estate is retained by the surviving spouse and the other one-half passes to the children or descendants of the deceased spouse.=== The descendants shall inherit only such portion of said property to which they would be entitled under Section 43 of this code. In every case, the community estate passes charged with the debts against it.
What does DOMA allow?
DOMA, the Defense of Marriage Act, has been struck down in its entirety as unconstitutional and is no longer in effect.
