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Who has more rights in a person's property when they die the spouse or children?
Wiki User
∙ 14y ago
That depends on state laws of intestacy and those laws vary from state to state. In some states the surviving spouse takes it all. In some states the spouse and children share. In some states the spouse takes it all unless there are children of the decedent who are not her/his children. You can check the laws of intestacy for your state at the related question link provided below.
Wiki User
∙ 14y ago
Wiki User
∙ 11y agoThat depends on whether there is a will, the laws of intestacy in your jurisdiction and whether the surviving spouse is also the parent of the children. See related question link.
That depends on whether there is a will, the laws of intestacy in your jurisdiction and whether the surviving spouse is also the parent of the children. See related question link.
That depends on whether there is a will, the laws of intestacy in your jurisdiction and whether the surviving spouse is also the parent of the children. See related question link.
That depends on whether there is a will, the laws of intestacy in your jurisdiction and whether the surviving spouse is also the parent of the children. See related question link.
Wiki User
∙ 11y agoThat depends on whether there is a will, the laws of intestacy in your jurisdiction and whether the surviving spouse is also the parent of the children. See related question link.
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If property was owned by deceased spouse prior to marriage what is the property rights of the surviving spouse with no will?
Typically the spouse inherits the entire estate unless there are children involved.
What rights do you have to your fathers estate in Texas when there is no will and he has remarried?
The community property will be split in half, half for his spouse and the other half for his children. The separate property, if any, will go to the children, with 1/3rd going to the spouse. And the spouse will have a life estate in 1/3rd of all real property with the remainder to the children.
If a spouse quitclaims a property in California do they have any community property rights to it at all?
no there are no rights
What rights does a second husband have to deceased wife property?
If the property is owned by a valid trust it is not part of the decedent's estate. The purpose of the trust was to protect and preserve the property for the children. The second wife has no rights in the property.
Incarcerated husband property rights spouse?
The spouse of an incarcerated husband has all rights over their property. This is only if the two people are legally married.
Can a mother make a claim on her adult child's property if she has contributed to it financially as a gift?
No. A gift doesn't give her rights in the property.If the adult child dies her spouse and children will be her legal heirs at law. Her parents would be her legal heirs only if she had no spouse or children or will.No. A gift doesn't give her rights in the property.If the adult child dies her spouse and children will be her legal heirs at law. Her parents would be her legal heirs only if she had no spouse or children or will.No. A gift doesn't give her rights in the property.If the adult child dies her spouse and children will be her legal heirs at law. Her parents would be her legal heirs only if she had no spouse or children or will.No. A gift doesn't give her rights in the property.If the adult child dies her spouse and children will be her legal heirs at law. Her parents would be her legal heirs only if she had no spouse or children or will.
Does property and estate automatically transfer to the surviving children if the deceased did not have a will in the state of Texas?
In Texas, if a person dies without a will, their property will be distributed according to intestacy laws. This typically means that the property will pass to the surviving spouse and children in varying shares depending on the family situation. If the deceased had no spouse but had children, then the property would likely pass to the surviving children.
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.
What are a father's parental rights in Louisiana?
The laws of intestacy in Louisiana are unique. If you die without a will in Louisiana the laws of intestacy will distribute your property to your spouse and children. The division of the property depends on whether the property is separate property or community property. Community property is property that was acquired by a married couple during their marriage. Separate property is property that was inherited, owned before marriage, or gifts. Generally, the spouse receives no separate property. It passes to your children or grandchildren. The surviving spouse receives none of the decedent's share of the community property if the couple has children. Your community property will go first to your children. If you do not have children, your spouse will receive your community property. This comment addresses spouse and children only. For the full picture of intestacy in Louisiana an internet search will provide numerous articles and sites that discuss the details.
Can you quick claim property from your name to another person even though you are married?
You can quit claim your rights to the property. However, that doesn't quit claim your spouse's rights to the proprty. Once married the spouse in most states has rights to the property.
What does it mean when your ex spouse is divested of all rights to your property?
That means he has been deprived of any rights he may have had in your property forever.
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.
