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Q: What is the surviving spouse eligible for after a death?
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Are you the surviving spouse even if you were not cohabiting with your spouse at the time of death?

IF you were legally married then you are the surviving spouse whether or not you had lived together at the time of his death


Who has legal rights over deceased spouse if surviving spouse remarries?

The surviving spouse has legal rights regardless of whether he/she remarries after the death of his/her spouse.


Is surviving spouse liable for foreclosure in Pennsylvania after death of spouse?

If the loan was in both of your names, yes. That is your foreclosure also.


Is the surviving spouse obligated to pay medical debt after the death in Texas?

Yes!


Can you draw Social Security on the death of an unemployed spouse?

If the spouse was eligible in the first place you can, regardless if he was unemployed at the time.


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 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.


Does a Qualified terminable interst property trust qualify for a marital deduction?

A QTIP trust (a.k.a. C trust), which is typically created at the death of the first spouse to die, grants the surviving spouse a lifetime right to the income of the trust (at least annually) while transfering the remainder interest to individual(s) of the grantor's choosing. This qualifies for the unlimited marital deduction even though the spouse does not receive outright access to the assets in the trust. Even though this IS a terminable interest (usually disqualifying the marital deduction), the QTIP will qualify for the unlimted marital deduction since the surviving spouse will be required to include, in his/her gross estate, the fair market value, at the surviving spouse's date of death, the assets of the trust. The assets are taxed later in the surviving spouse's gross estate, but they will pass to the beneficiary of the trust, chosen by the first-to-die-spouse, at the surviving spouse's death.


What rights does a separated spouse have in case of death of the other?

The person has all the rights that accrue to the surviving spouse. See related question link below.


Does a surviving spouse have to pay deceased spouse's back taxes when the surviving spouse never worked but was only a dependent?

No a spouse is not to pay the taxes which are due by her dead spouse.


Who is responsible for Spouse credit card after death?

The estate of the credit card holder. If the surviving spouse was an approved user, or co-signee they would also be responsible.


Does a surviving spouse in Texas have to get surviving children to sign before he sells his home?

That depends on how you and your spouse held title to your property and whether the surviving children are the children of both the decedent and the surviving spouse. You should consult with an attorney.