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Probate court is used when the dead person has a Will leaving their money or possessions to another person. If the dead person leaves something to their spouse, the spouse will receive it.

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Q: What is a alien resient surviving spouse entitled to in probate court?
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Can adult children apply for probate if there is a surviving spouse?

Yes.


What is a wife entitled to if you are married in Oklahoma?

Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.


In Florida is a surviving spouse entitled to a life estate?

Yes.


Do life insurance policies have to be listed in probate?

No if there is a surviving spouse and the children are grown


What are you entitled to if married for 3 months and husband dies?

You are the surviving spouse and entitle to anything the surviving spouse is entitled to under state and federal laws. You should consult with an attorney who can review your situation and explain your rights and options.


If your wedded spouse dies without a will is the surviving spouse entitled to his 401k?

First, it depends upon who is named in the 401(k) records as the beneficiary. Second, it depends upon the intestacy and probate laws of the state in which the spouse died, regarding who (if anyone) has the right to challenge the 401(k) designation post mortem.


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.


Are you the surviving spouse even if your were not cohabiting with your spouse at the time of death?

If the person was still legally married to the deceased he or she is still considered a "surviving spouse". However, the extent to which claims are made upon the estate of the deceased or the responsibility of the surviving spouse for debts owed by the deceased is determined by state laws and/or the probate court.


What percentage is a surviving child entitled to if there was no will and parent had remarried?

You will have to consult the intestacy laws for the state involved. Usually there is a rule that the estate is split evenly and the spouse gets half and the children get half. Consult a probate attorney in your jurisdiction.


What are you entitled to when your spouse dies?

AnswerIf there is a will, then you are entitled to what it provides. With no will, the laws of your particular state will govern the dividing of the assets, with the surviving spouse being entitled to some percentage, but frequently not all.If not married and live for 5 years and my spouse written and sign by his own on his Will and give it to me, am i still entitled to this Will or not.


Who is entitled to the monies in saving and checking account when a spouse dies?

When a spouse dies, the ownership of the savings and checking accounts depends on how they were set up. If the account was joint with right of survivorship, the surviving spouse will usually be entitled to the money. However, if the account was in the name of the deceased spouse alone, it will typically be included in their estate and distributed according to their will or state laws of intestacy. It's best to consult with an attorney to understand the specific laws in your jurisdiction.


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