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The answer depends on the jurisdiction, whether there is a will, how the title to the real estate is held, if the property was solely owned by the decedent, the state laws of intestacy and other state laws. You need to consult with an attorney in your state for a definitive answer.
If the decedent was the sole owner of the real estate and died intestate (without a will) you can check the laws of intestacy for your state at the related question link.
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In Indiana if a husband dies without a will the surviving spouse is not on the deed of the house but the daughter is on the deed with Dad and there is no will who gets ownership of the house?
That would depend upon the laws of intestacy and survivorship in Indiana, and the exact words used in the deed. Without looking up your particular state: It may well be that the surviving joint tenant (the daughter) obtains exclusive ownership of the house, as the estate has no ownership of the house to distribute in probate of the intestate. If the daughter and father were tenants "in common", and not jointly, then the father's ownership passes to the statutory heirs by intestacy (typically half to the surviving spouse and half to be divided by all children or their surviving heirs, etc).
What can youdo If there is a survivor deed and the husband makes out a will leaving it to another child from 1st marriageand the law firm that did the deed did not advise him of the deed on file?
If a husband and wife own property as joint tenants, with rights of survivorship, and the husband dies - the surviving spouse gets the property regardless of what the will says. Joint tenancy supercedes wills.
What happens in Texas to the entire estate if a spouse dies without a will?
If all of the decedent's descendants are also descendants of the surviving spouse, then the surviving spouse gets everything. If not, then the surviving spouse gets to keep her half of the community property and also gets a life estate in one-third of the decedent's separate real property and 1/3 of the decedent's separate personal property (which includes cash). The surviving spouse also gets the right to live in the homestead for however long she chooses, until she abandons it, but she must pay the interest on the mortgage and taxes with respect to the home. The decedent's children get the rest, and they are responsible for principal reductions on the home mortgage and any insurance.
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 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.
Do you have to leave your things to your spouse?
Every state has different laws regarding what the surviving spouse gets in the case of the death of one of them. You should have a will in place to direct where you want your assets to go.
What is Texas law regarding credit card debt for surviving spouse?
Technically, the debt has to be resolved by the estate. And as the spouse gets the estate, they will be paying one way or another. And is many cases the spouse benefits from the debt, they can come after the money
When parent dies without will can the adult children take possession of the deceased parent's property and assets in Florida?
That depends on whether your parent was married at the time of death and if yes, whether the surviving spouse is also your parent. If the surviving spouse is not also your parent then the estate will be shared 50/50 with the surviving spouse getting half and the surviving children by a first wife sharing the other half. If the surviving spouse is also your parent then the surviving spouse gets 100%. If there is no surviving spouse the children get 100%.It is likely the estate will need to be probated. You should seek advice from an attorney who specializes in probate matters and who can provide up to date information.https://www.thebalance.com/dying-without-a-will-in-florida-3504952
Which spouse stays in the house during separation?
The spouse that stays in the house will depend on whether the husband and wife agree. If they don't agree, the judge in the case will decide who gets the home.
What life insurance companies are advertising that they will pay out to a surviving spouse no matter if the man or wife is first to die?
That's not normally how the insurance works. It is in one person's name and when they die, their surviving spouse or beneficiary gets the benefits. Speak with a local attorney who specializes in estate planning to determine which laws apply to you.
On death of a parent and no will is made and only children are left who gets the inheritence?
If your parent dies and there is no will, there is a legal order of inheritance. The surviving spouse is next in line, then the children.
Is probate necessary if the spouse inherits everything in nc and both names are on the house deed?
Yes, probate would be necessary to insure that all debts are taken care of, the title gets properly transferred and that the appropriate state and federal taxes are paid. Consult a probate attorney in NC for specifics. There may be a short version of probate that can be used.
