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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.

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Q: What is the law in the state of Ohio with reference to a surviving spouse receiving the estate when there is no will?
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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 Florida is a surviving spouse entitled to a life estate?

Yes.


What are Colorado laws on surviving spouse and property?

In Colorado, a surviving spouse is entitled to an "elective share" of the deceased spouse's estate, which is typically one-third of the estate. If the deceased spouse's will does not provide for the surviving spouse, they can choose to receive the elective share instead. Colorado also has laws that protect a surviving spouse's rights to the marital home and certain personal property.


Is surviving spouse responsible for credit card debt Nevada?

The decedent's estate still owes the money, and that debt must be satisfied before the estate can be distributed. In the case of a surviving spouse, that spouse is equally liable for any existing debts. If the deceased's estate cannot cover the debt, the spouse must do so.


Is surviving spouse responsible medical bills in Michigan?

The estate is responsible for all the bills of the deceased. The spouse will be required to pay them from the estate funds.


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.


In the state of Michigan if the surviving spouse is additional user on a credit card of the deceased will the surviving spouse need to pay the debt?

The estate will be held responsible. Given that the spouse was a card user, they can also be held responsible if the estate doesn't resolve the issue.


If a spouse dies and leaves medical bills in their name is the surviving spouse responsible for those bills?

In most instances, the estate is responsible. It means the estate that is inherited from the spouse will be smaller.


Can a surviving spouse file bankruptcy for a decease spouse?

The executor of the estate can do so. It is more than possible for the estate to not be able to pay all debts.


Is the surviving spouse responsible for medical bills in Kentucky?

In Kentucky, the deceased's estate is responsible. The spouse can be held as a beneficiary of the costs and by inheriting less from the estate.


Are surviving spouses responsible for medical bills of expired spouse when there is no estate?

In general, the estate has primary responsibility, one of the reasons to create an estate. The spouse will typically be responsible for the debt.


In New Jersey is the surviving spouse cars solely in the deceased names?

In New Jersey a car is the property of the person listed on the Certificate of Title. If the car is in the surviving spouse's name then it is not in the deceased spouse's estate. If the car was in the name of the deceased spouse, then it is in the decedent's estate, even if they both considered it to be the surviving spouse's car and was used solely by that spouse. The sole determining factor is whose name is on the Certificate of Title.