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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?
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What are the distribution of estate funds to a surviving spouse in Virginia?
Virginia Code:64.1-1. Course of descents generally.When any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in parcenary to such of his kindred, male and female, in the following course:First. To the surviving spouse of the intestate, unless the intestate is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case two-thirds of such estate shall pass to all the intestate's children and their descendants and the remaining one-third of such estate shall pass to the intestate's surviving spouse.That means the surviving spouse receives the estate unless the decedent had children that were not also children of the surviving spouse. If there are children from a previous marriage the surviving spouse receives one-third.
What is the law in the state of Ohio with reference to a surviving spouse receiving the estate when there is no will?
It will depend on whether there are children or not. In most cases the estate is split between any children of the deceased and the spouse.
Is biological son entitled to a share of fathers estate when there is no will in the state of Colorado?
You can check your state laws of intestacy at the link provided below. Choose your state then click on "Read the text". Generally in Colorado the distribution of an intestate estate with a surviving spouse and children depends on whether the surviving children are also the children of the surviving spouse.
In Florida if your husband dies what happens to your property?
If the deed is in JOINT ownership, the survivor gets it automatically. If there is a will, the property goes to whomever it is willed to. If there is no will, the laws of intestacy apply, giving the spouse a share and surviving children a share.
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 leaving everything to his children what are the rights of the surviving spouse in S C?
In South Carolina the surviving spouse can file an election to take a share of the husband's estate. The state will grant her a statutory share.
Can a surviving parent be executor if there are living children?
Yes, that is very common. The spouse is typically the executor of the estate.
Does property and estate automatically transfer to the surviving children if the deceased did not have a will in the state of California?
In California, if someone dies without a will, their property will generally be distributed according to state intestacy laws. If the deceased had children but no spouse, the property would typically be divided equally among the children. However, the specific distribution rules can vary depending on the situation, so it's advisable to consult with a legal professional to understand the exact process.
What rights does a surviving spouse in have in Ohio if the deceased had no estate?
In Ohio, a surviving spouse may have rights to a family allowance, exempt property, and a share of the deceased spouse's estate if there were children from a previous relationship. Depending on the circumstances, the surviving spouse may also have rights to social security benefits or life insurance proceeds.
In the state of Maryland what do you do when your spouse dies with no will?
Open an estate. Consult a probate attorney for the intestacy laws in Maryland. The surviving spouse should inherit the bulk of the estate unless there are children involved, then it may be split.
In TN If a will leaves property to adult children can they kick surviving spouse out if it is there primary home?
You cannot disinherit your spouse in Tennessee. The surviving spouse has the legal right to claim a share of the estate. You should consult with an attorney who can review your situation and determine what your options are.
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.
