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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.
No, community property refers only to that property that is gained during the marriage. However, if you use community property or income earned during the marriage to continue mortgage payments, to improve, etc, then a portion of it does become community property.
The answer is somewhat complicated.Community PropertyAll property acquired during a marriage is presumed to be community property. Under Texas laws, if you are married and are survived by a spouse and children, then:Your surviving spouse will inherit all your community property if all your children are also the children of your surviving spouse;Otherwise, all your one-half interest in the community estate will pass to your children, with your spouse keeping only his or her one-half interest.If you do not have any children, then your surviving spouse will inherit all of your community property.Separate PropertyIf your property is characterized as separate property, the distribution scheme is different:If you are survived a spouse and children, your surviving spouse is entitled to one third of your separate personal property and only a life estate (the right to use the property until his or her death) in one-third of your separate real property. The rest would be inherited outright by the children of the deceased spouse.If you are married but have no children or other descendants, your surviving spouse would be entitled to all the separate personal property. But if you have surviving parents and siblings, the surviving spouse would only be entitled to one-half of the separate real property with the other half passing to the parents, siblings or descendants of siblings in a manner set forth by the statutes.https://texaswillsandtrustslaw.com/2010/10/18/dying-without-a-will-the-texas-intestacy-statutes/
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.
Generally, no. Texas is a community property state. Generally, any property acquired prior to marriage, and maintained as separate property during the marriage, is not considered community property. For more detailed advice you should consult with an attorney who specializes in divorce law.
Typically the spouse inherits the entire estate unless there are children involved.
That depends on whether common law marriage is recognized in your state. If it is then you need to check the laws of intestacy in your state to determine what portion you are entitled to as the surviving spouse. Perhaps you could find your answer at the links provided below.
In most jurisdictions in the United States, except Louisiana, a surviving spouse has the legal right to inherit even if the will says otherwise. A person cannot disinherit their spouse. The state laws will distribute some or all of the estate to the surviving spouse under the doctrine of election.
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.
Tennesse is an equitable distirbution state. That means that the property is divided fairly, not necessarily evenly. Technically property acquired before the marriage is separate property, but any value increase in the property during the time of marriage is considered marital property. The court has alot of room in dividing property.
The property settlement after a divorce in Kenya is determined to state, that a woman The law states that women are entitled a equal share of property if they can determine that they contributed to a share of the property doing the marriage.
Not likely. * Wisconsin is a community property state. Therefore a spouse is entitled to an equal share of property, income and assets regardless if said spouse was employed during the marriage or how long the marriage lasted.