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Does property and estate automatically transfer to the surviving children if the deceased did not have a will in the state of California?
The estate passes to the heirs at law according to the state laws of intestacy. Generally, if there is no surviving spouse it passes to the children equally. You can check the laws of California at the related question link.The estate passes to the heirs at law according to the state laws of intestacy. Generally, if there is no surviving spouse it passes to the children equally. You can check the laws of California at the related question link.The estate passes to the heirs at law according to the state laws of intestacy. Generally, if there is no surviving spouse it passes to the children equally. You can check the laws of California at the related question link.The estate passes to the heirs at law according to the state laws of intestacy. Generally, if there is no surviving spouse it passes to the children equally. You can check the laws of California at the related question link.
What rights do you have in your husband's estate as an estranged wife?
As long as there was no divorce an "estranged" wife would be the surviving spouse. The surviving spouse has the right to all the decedent's property in some states, and the right to a portion in others. You can check your state laws of intestacy at the related question link provided below.
How can you claim a surviving child get property inheritance if there was no will?
The intestacy laws of the appropriate jurisdiction will specify who inherits property.
Who has the right to property when a mother dies without a will her daughter or her daughter's stepfather?
Let's see . . . the natural daughter's stepfather would be the husband of the decedent. He would be the surviving spouse. Generally, the surviving spouse of someone who dies intestate (without a will) is the primary heir. Each state has its own laws of intestacy and they vary from state-to-state. You would need to check your state laws to determine your status as an heir-at-law. You can check your state law at the related question link below.
Whatpart of the estate is a wife entitled to?
It depends if there is a will or trust involved. If a spouse dies the other spouse usually gets everything unless the family home or other items have been intrusted or willed.AnswerSee the related question link below for the laws of intestacy for your state. The laws of intestacy determine a surviving spouse's share of an estate. Generally, even if the surviving spouse is disinherited by will, they can claim a share under the doctrine of election. That share is generally equal to the share they would receive if the decedent had died intestate.
What does it mean by being a surviving spouse where no action for divorce or separation maintenance was pending at the time of decedent's death?
That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.
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 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/
Is the surviving spouse responsible for the credit card account held solely by the deceased spouse's in Washington State?
Washington State is a community property state, in most instances a surviving spouse is responsible for the deceased spouse's debts depending upon the nature of the debt and how the deceased's estate is handled under state probate laws.
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.
Do children have rights in or to community property if father dies but mother is living?
You need to check your particular state laws. In a community property state each spouse owns a one-half share of the marital property. In some states a spouse can dispose of their interest by their will to someone other than their surviving spouse.Upon the death of one spouse state laws vary on intestate (without a will) inheritance. In some, the surviving spouse inherits their deceased spouse's share if there are children of the marriage. In some the surviving spouse receives only a half of that share if there are children by a former marriage. In Louisiana the share of a deceased spouse in community property passes to their estate if they had children but the surviving spouse can use the property until death or remarriage. If the deceased had no children the community property passes to the surviving spouse.People who own property in a community property state should consult with an attorney about estate planning. If you are a surviving child then you should consult with an attorney who specializes in probate law.
What are Texas laws regarding intestacy?
Texas law can get very specific as to who has an interest in the intestate estate. Generally speaking, Texas is a community property state and therefore distinguishes between community property and separate property. There are different rules for each type of property. All of the community property belongs to the surviving spouse unless there are heirs that are not related to the surviving spouse. If this is the case, then the spouse will receive one half of the estate while the heirs will have the other half to divide among themselves. If there are no surviving children or heirs then the surviving spouse will inherit the separate property as well.The General order for distribution is:(1)spouse(2)children(3)parents(4)brothers and sisters
The father with two children remarried still owning the properties he owned with his first wife who died. Does his second wife inherit a share of the properties?
The answer depends on several factors:How did your parents hold title to their property and/or did your mother leave a will?Was your father the sole owner of the property or did he transfer title to himself and his second wife?Did your father leave a will with provisions for the distribution of the property?If there was no will the property will pass according to your state laws of intestacy and his surviving spouse will be entitled to a share of his real property. In some states his children will be entitled to a share especially if the surviving spouse is not their parent. You can check the laws in your state at the related question link provided below.The answer depends on several factors:How did your parents hold title to their property and/or did your mother leave a will?Was your father the sole owner of the property or did he transfer title to himself and his second wife?Did your father leave a will with provisions for the distribution of the property?If there was no will the property will pass according to your state laws of intestacy and his surviving spouse will be entitled to a share of his real property. In some states his children will be entitled to a share especially if the surviving spouse is not their parent. You can check the laws in your state at the related question link provided below.The answer depends on several factors:How did your parents hold title to their property and/or did your mother leave a will?Was your father the sole owner of the property or did he transfer title to himself and his second wife?Did your father leave a will with provisions for the distribution of the property?If there was no will the property will pass according to your state laws of intestacy and his surviving spouse will be entitled to a share of his real property. In some states his children will be entitled to a share especially if the surviving spouse is not their parent. You can check the laws in your state at the related question link provided below.The answer depends on several factors:How did your parents hold title to their property and/or did your mother leave a will?Was your father the sole owner of the property or did he transfer title to himself and his second wife?Did your father leave a will with provisions for the distribution of the property?If there was no will the property will pass according to your state laws of intestacy and his surviving spouse will be entitled to a share of his real property. In some states his children will be entitled to a share especially if the surviving spouse is not their parent. You can check the laws in your state at the related question link provided below.
In Texas does the step wife have rights to a property in a valid will?
There is no such legal entity as a step-wife. A second wife is the surviving spouse and has rights of inheritance under state laws. A wife who is disinherited by will has the right of election. The surviving spouse can elect to take a statutory share of the testator's estate. That share can be up to one-third of the estate. Texas is also a community property state. A surviving spouse has rights in any property acquired during the marriage. You should consult with an attorney who can review your situation and determine what your rights are under your state laws.
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 a surviving spouse entitled to when their name is not on deed and their are two surviving children?
Any property owned by the decedent will pass according to their will or the state laws of intestacy if they had no will. You may have an interest in the property as the surviving spouse depending on the laws of your state both as an heir-at-law and possibly under the doctrine of election. You should consult with an attorney who can review your situation and explain your options under your state law. You can check the laws in your state at the related question link provided below.
Are you entitled to any of your dads property when he passes if there is no written will?
If you live in the U.S., each state has its own laws on what happens to the property of those who die without a will. They may be titled "descent and distribution" or some similar name in your state's code. In most places, property will go to the surviving spouse. If there is no spouse, the it will be divided among any surviving children. If there is are no children or spouse left, the property goes further up the family tree to the deceased person's parents or siblings. Check your state's laws.
