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If the deceased leaves a valid will, the provisions of the will would be followed regardless of whether there is a spouse. If the deceased were intestate, the judge would decide how the deceased's belongings would be distributed.

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Q: Who is entitled to property when the owner passes away and there is no spouse?
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Can jointly owned property be willed to spouse with stipulations?

Property held in a joint tenancy automatically passes to the surviving owner. You cannot attach stipulations to it.


The father with two children remarried still owning the properties he owned with his first wife who died. Does his second wife inherit a share of the properties?

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.


Who is entitled to property depreciation after repairs owner or contractor?

The person who is entitled to property depreciaiton after repairs between the owner and contractor is the owner. The contractor comes in to fix things and if he doesn't do it right, he can be sued. But if the work was done right, the owner is responsible.


Can someone among the heirs transfer deeds since other died but his spouse alive since the property not transfer?

If the decedent owned the property by a survivorship deed with his spouse then the property will become the sole property of the surviving spouse upon his death. If the decedent was the sole owner of the property then his estate must be probated in order for the title to real estate to pass to the heirs legally. The property will pass according to the will once it has been reviewed by the court. If the decedent had no will, their property passes according to the laws of intestacy in their jurisdiction. You should contact an attorney who specializes in probate law in your area.If the decedent owned the property by a survivorship deed with his spouse then the property will become the sole property of the surviving spouse upon his death. If the decedent was the sole owner of the property then his estate must be probated in order for the title to real estate to pass to the heirs legally. The property will pass according to the will once it has been reviewed by the court. If the decedent had no will, their property passes according to the laws of intestacy in their jurisdiction. You should contact an attorney who specializes in probate law in your area.If the decedent owned the property by a survivorship deed with his spouse then the property will become the sole property of the surviving spouse upon his death. If the decedent was the sole owner of the property then his estate must be probated in order for the title to real estate to pass to the heirs legally. The property will pass according to the will once it has been reviewed by the court. If the decedent had no will, their property passes according to the laws of intestacy in their jurisdiction. You should contact an attorney who specializes in probate law in your area.If the decedent owned the property by a survivorship deed with his spouse then the property will become the sole property of the surviving spouse upon his death. If the decedent was the sole owner of the property then his estate must be probated in order for the title to real estate to pass to the heirs legally. The property will pass according to the will once it has been reviewed by the court. If the decedent had no will, their property passes according to the laws of intestacy in their jurisdiction. You should contact an attorney who specializes in probate law in your area.


If non-married property owner leaves girlfriend is she entitled to any of the property if not in her name?

No she is not entitled to anything if it not in her name and if you guys arent legally married.


When one spouse dies what happens to jointly owned property?

The surviving spouse becomes the sole owner.


Spouse is on title of house with his parents my name is not on it?

In that case, you are not an owner of the property.


What happens to an unowned building?

a property is never allowed to remain without owner. as soon as the owner of a property ceases to be so by reason of death or otherwise, the property passes on to the next legal heir. and when there is no such legal heir, it passes on to the state by escheat..


When the surviving spouse obtains ownership as surviving tenant by the entirety what happens to the property upon their death?

When a tenant by the entirety dies the survivor becomes the sole owner of the property. When they die it passes according to their will or to their heirs-at-law under the state laws of intestacy.


Is a beneficiary of a will entitled to a share of the decedent's jointly-owned property?

Generally, interest in jointly owned real and personal property passes automatically to the surviving owner. Joint bank accounts may pass into the estate if they were made joint only for the purpose of convenience.


What is a spouse entitled to if other spouse wants divorce?

That depends on the laws in your jurisdiction. Courts will generally try to divide marital property in a fair manner but they also take other factors into consideration such as the ability of the parties to acquire future assets, income levels, education levels, children, etc. Generally, sole property is retained by the owner.


Would your wife be legally entitled to a share of a house that was purchased before the marriage if she is not on the title in Alabama?

No. Property purchased and held solely by a person before marriage belongs solely to that person and the spouse is not entitled to any portion if the couple divorce. In some cases when circumstances allow, the judge can grant larger portions of other joint marital property or assets to the non home owner spouse in order to achieve equitable distribution.