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Why would a spouse be considered a secondary owner of real estate property?
Wiki User
∙ 14y ago
Either because they jointly participated in the purchase or jointly obtained a loan on the home, or because the home is located in a community property state.
Wiki User
∙ 14y ago
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Is a spouse of one of the beneficiaries of an estate permitted to remove tangible property from the home such as tools?
The spouse of a beneficiary has no rights to the estate. Removal of property without the executor's authorization could be prosecuted as theft.
What are the benefits of adding a spouse name to a house deed?
The advantage would be for the spouse if you reside in a community property state where survivorship goes to the spouse should a death occur and property is divided 50/50% in cases of divorce.
Your spouse is left property in will do you also inherit?
The laws vary from state to state, but in general, no, it is your spouse that inherits.
Can the surviving spouse of the deceased husband continue to receive mineral rights income he had inherited?
Typically the spouse will inherit the property of a deceased spouse. A will may assign things to other beneficiaries. Consult a licensed attorney in the state in question.
Can a surviving spouse file a claim when they are not listed as the beneficiary in the will?
Yes. In most states in the United States a spouse cannot be disinherited by a will. The spouse can file a claim under the doctrine of election. By filing such a claim, the surviving spouse is generally awarded an intestate share of the estate. You should consult with an attorney in your jurisdiction who can review your situation and explain your options.
In MA is a home considered an estate upon death of a spouse?
If the property was owned by the couple as joint tenants or tenants by the entirety the decedent's interest passes automatically to the surviving spouse and is not part of the probate estate. If the property was owned solely by the decedent it becomes part of the estate.
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 rights are there when a married person is given life estate?
The married person has the individual right to the use and possession of the property for the duration of their natural life. When they die the life estate is extinguished. If they had been inhabiting in the life estate property with a spouse the spouse must vacate the property upon the death of the life tenant.The married person has the individual right to the use and possession of the property for the duration of their natural life. When they die the life estate is extinguished. If they had been inhabiting in the life estate property with a spouse the spouse must vacate the property upon the death of the life tenant.The married person has the individual right to the use and possession of the property for the duration of their natural life. When they die the life estate is extinguished. If they had been inhabiting in the life estate property with a spouse the spouse must vacate the property upon the death of the life tenant.The married person has the individual right to the use and possession of the property for the duration of their natural life. When they die the life estate is extinguished. If they had been inhabiting in the life estate property with a spouse the spouse must vacate the property upon the death of the life tenant.
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.
Is a spouse of one of the beneficiaries of an estate permitted to remove tangible property from the home such as tools?
The spouse of a beneficiary has no rights to the estate. Removal of property without the executor's authorization could be prosecuted as theft.
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.
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.
Does co owned property be come part of the estate of deceased spouse?
yes
Are you responsible for your spouse's credit card debt after his death in the state of California?
In community property states a married couple are considered to own all property equally and be responsible for all debts equally that are accrued during the marriage regardless of which spouse is named as the debtor. This however, is not a "done deal" as the surviving spouse may have some recourse after the deceased spouse's estate (if any) has been probated. His or her estate would consist of property and/or assets acquired before the marriage and other such matters as deemed applicable by the probate court.
Can a parent take possession of property if an adult child dies intestate?
If they have no spouse and no issue. Otherwise the spouse has first rights to the estate.
Can creditors go after estate property left to spouse's?
The estate pays all debts first and then distributes the assets. So yes they can.
Is a spouse responsible for the other spouse medical bills?
Yes, even if indirectly. If they are still living, yes, they are jointly responsible. Since they are married, any benefit to one is considered a benefit to the other. If the spouse has passed away, the estate is responsible for the medical bills of the deceased. And since the spouse is normally the recipient of the estate, the bills will affect how much the spouse will inherit. Some of the assets, such as property held as Tenants in the Entirety, becomes the property of the spouse. Other assets may have to be liquidated to pay the bills, including medical expenses and funeral costs.
