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Upon my death if I have joint owners on a CD can my surviving spouse claim the CD'S even if she is not listed as a joint owner?
Wiki User
∙ 14y ago
You need to speak with a representative at the bank that holds the CDs to review the manner by which those CDs are titled. If you hold as a joint owner with another person your interest may automatically pass to that other person upon your death. You would need to make special arrangements with the bank if you want your interest to pass to your wife.
Wiki User
∙ 14y ago
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Can a surviving spouse file a claim when they are not listed as the beneficiary in the will?
Yes. In most states in the United States a spouse cannot be disinherited by a will. The spouse can file a claim under the doctrine of election. By filing such a claim, the surviving spouse is generally awarded an intestate share of the estate. You should consult with an attorney in your jurisdiction who can review your situation and explain your options.
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.
What are the laws in California if a spouse dies and both names are not on the house?
As a general rule, the surviving spouse can at least claim his/her community property interest in the property; the balance of the prop interest would be subject to claims by the decedent's heirs at law (children, siblings, parents, etc.). If there are no such heirs at law, then the surviving spouse should be able to claim 100%.
What is the legal position of husband with the regard to a wife's property when she was single?
In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.
In Arizona if a husband dies with no will and the house he owns is only in his name who has claim to the house the surviving wife or the minor child?
If the wife is the mother of the surviving child then she inherits the house according to the section of the Arizona code excerpted below: 14-2102. Intestate share of surviving spouse The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse: 1. If there is no surviving issue or if there are surviving issue all of whom are issue of the surviving spouse also, the entire intestate estate. 2. If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent.
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
In Texas if a deceased spouse has named someone other than the surviving spouse does the surviving spouse have any claim under community property?
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.https://brazoslawyers.com/widows-right-election-texas/
Who is responsible for a leased vehicle when the person dies if there was no cosigner but there is a surviving spouse?
If the married couple lived in a community property state at the time of the spouse's death, the surviving spouse may be responsible for the lease debt even if she was not an account holder. If the couple did not live in a community property state the creditor will be required to file a claim against the estate of the deceased to try to recover the debt.
Do heirs of deceased dad's portion of property willed through tenants in common liable to share expenses with surviving spouse for property taxes or other costs related to the home?
Typically, the surviving spouse who is living in the home under a probate homestead must maintain the home and pay interest on any mortgage debt. The heirs are liable for reductions in principal. The surviving spouse is not required to insure the home, but if she does, she is entitled to the proceeds for any claim.
Can a husband will all his assets to his and his wife's children instead of his wife?
You need to check the laws in your particular jurisdictions. In most states in the US (except Louisiana) a person cannot disinherit their spouse. States follow a legal principal known as spousal election that gives a surviving spouse the share they would receive if there was no will. The surviving spouse need only file a claim in the court where the estate is probated. That share is set forth in the state laws of intestacy. You can check the laws of intestacy at the related question link.You need to check the laws in your particular jurisdictions. In most states in the US (except Louisiana) a person cannot disinherit their spouse. States follow a legal principal known as spousal election that gives a surviving spouse the share they would receive if there was no will. The surviving spouse need only file a claim in the court where the estate is probated. That share is set forth in the state laws of intestacy. You can check the laws of intestacy at the related question link.You need to check the laws in your particular jurisdictions. In most states in the US (except Louisiana) a person cannot disinherit their spouse. States follow a legal principal known as spousal election that gives a surviving spouse the share they would receive if there was no will. The surviving spouse need only file a claim in the court where the estate is probated. That share is set forth in the state laws of intestacy. You can check the laws of intestacy at the related question link.You need to check the laws in your particular jurisdictions. In most states in the US (except Louisiana) a person cannot disinherit their spouse. States follow a legal principal known as spousal election that gives a surviving spouse the share they would receive if there was no will. The surviving spouse need only file a claim in the court where the estate is probated. That share is set forth in the state laws of intestacy. You can check the laws of intestacy at the related question link.
If a will states that moneys are left to biological children is current spouse entitled to anything?
In most jurisdictions in the US, a spouse who is left out of a will can claim a statutory share of the estate under the doctrine of election. It can be a simple process by which the surviving spouse must only file a claim against the estate. You should consult with an attorney who can review your situation under he laws of your state and explain your options.
Can the spouse claim inheritence off me?
Your wife has the right to a share in your estate under most, if not all, state laws in the United States. Under those laws, even if you make a will and leave your estate to other beneficiaries your surviving spouse has the legal right to claim at least a third of your estate in most jurisdictions.
