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Will a surviving spouse inherit home in deceased spouse name in PA?
Wiki User
∙ 13y ago
Pennsylvania: 2102. Share of surviving spouse. The intestate share of a decedent's surviving spouse is: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate. (2) If there is no surviving issue of the decedent but he is survived by a parent or parents, the first $30,000 plus one-half of the balance of the intestate estate. Notwithstanding the foregoing, in the case of a decedent who died as a result of the terrorist attacks of September 11, 2001, a surviving spouse shall be entitled to 100% of any compensation award paid pursuant to the Air Transportation Safety and System Stabilization Act (Public Law 107-42, 115 Stat. 230). (3) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the first $30,000 plus one-half of the balance of the intestate estate. (4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate. (5) In case of partial intestacy any property received by the surviving spouse under the will shall satisfy pro tanto the $30,000 allowance under paragraphs (2) and (3). 2103. Shares of others than surviving spouse. The share of the estate, if any, to which the surviving spouse is not entitled, and the entire estate if there is no surviving spouse, shall pass in the following order: (1) Issue.--To the issue of the decedent. (2) Parents.--If no issue survives the decedent, then to the parents or parent of the decedent. (3) Brothers, sisters, or their issue.--If no parent survives the decedent, then to the issue of each of the decedent's parents. (4) Grandparents.--If no issue of either of the decedent's parents but at least one grandparent survives the decedent, then half to the paternal grandparents or grandparent, or if both are dead, to the children of each of them and the children of the deceased children of each of them, and half to the maternal grandparents or grandparent, or if both are dead to the children of each of them and the children of the deceased children of each of them. If both of the paternal grandparents or both of the maternal grandparents are dead leaving no child or grandchild to survive the decedent, the half which would have passed to them or to their children and grandchildren shall be added to the half passing to the grandparents or grandparent or to their children and grandchildren on the other side. (5) Uncles, aunts and their children, and grandchildren.--If no grandparent survives the decedent, then to the uncles and aunts and the children and grandchildren of deceased uncles and aunts of the decedent as provided in section 2104(1) (relating to taking in different degrees). (6) Commonwealth.--In default of all persons hereinbefore described, then to the Commonwealth of Pennsylvania.
Wiki User
∙ 13y ago
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In Indiana is the surviving spouse responsible for repayment of debt when the deceased spouse was the only account holder and could a lien be placed on the home?
No, Indiana is not a community property state. Indiana is a Tenancy By The Entirety state which means jointly owned marital property passes directly to the surviving spouse and is not subject to probate procedure not creditor attachment when the deceased spouse was the sole debtor.
In Tennessee is a surviving spouse responsible for the deceased spouse's debts if there is no estate?
Tennessee is not a community property state, if the surviving spouse was not a joint debtor he or she is not responsible for debt incurred by the decedent. The exeption would be, if there is a home that is encumbered by a mortgage and/or loan the surviving spouse will have to continue the agreement whether he or she was named on the lending contract in order to retain possession of the property.
Will surving spouse inherit home in deceased name in fl?
That is the normal distribution. If there are others on the deed that may affect things. And a spouse normally has a right to the property for at least a life estate.
Do heirs of deceased dad's portion of property willed through tenants in common liable to share expenses with surviving spouse for property taxes or other costs related to the home?
Typically, the surviving spouse who is living in the home under a probate homestead must maintain the home and pay interest on any mortgage debt. The heirs are liable for reductions in principal. The surviving spouse is not required to insure the home, but if she does, she is entitled to the proceeds for any claim.
Your Mom died and your father is currently in a nursing home are you or is he responsible for her hospital bills?
If the couple resided in a community property state at the time of the individuals death the surviving spouse might be held accountable for the deceased spouse's medical bills. That would apply even if the surviving spouse is in need of care themselves. However, the outcome of such depends upon the financial status of the surviving spouse and the laws of the state relating to such, for example if the person is on Medicaid. Surviving children or other relatives of the deceased are not responsible for medical bills unless they personally entered into a contract with the medical providers.
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.
Can a surviving spouse negotiate final payment on a home equity loan that they were not a borrower for?
Yes, however, the answer depends on specific situations associated with the partnership/marriage and the state in which they live in. If the state is a communal property state and the surviving spouse that is not a borrower had ANY benefit from the loan, that spouse owes the money as a borrower (despite not being a borrowing party on the loan). In this case, if the surviving spouse is not in a position to pay for the loan, a negotiation would be warranted soon after the (within a month or two of) deceased spouses death. If the state is a non-communal property state, the estate of the deceased spouse will first be looked to in order to provide the funds to pay off all debts. If there are enough assets to cover the debt, the loan will be paid in full, regardless of the surviving spouse's wishes as the lender's rights come before those that may be beneficiaries to any estate proceeds. If there are not enough assets to cover the loan, the lender may look to liquidate the asset (the surviving spouse's home) in order to satisfy the debt. If the home is NOT in the surviving spouse's name (either through joint tennancy or named ownership), the surviving spouse may not be able to intervene.
In New Jersey is the surviving spouse responsible for credit card debt when the account was solely in the name of the deceased spouse?
No, New Jersey is not a community property state. It does however recognize Tenancy By The Entirety when it pertains to real property. Therefore the family home will pass directly to the surviving spouse and not be subject to probate unless the titling to the property is otherwise worded.
In Oregon can a surviving spouse be sued for credit card debt that was solely incurred by the deceased spouse if there is no estate only personal belongings and home held as Tenancy By The Entirety?
Oregon is not a community property state, therefore the surviving spouse would only be liable for debts that were jointly incurred during the marriage. Property held as TBE is not subject to probate procedure as it passes directly to the surviving spouse, neither can TBE property be attached for creditor debt when only one spouse is the debtor.
Does the surviving spouse have to repay a home equity loan if they are not listed as a borrower on the loan?
Yes in community property states and maybe in non-community property states. If the state is a communal property state and the surviving spouse that is not a borrower had ANY benefit from the loan, that spouse is responsible for repayment (despite not being a borrowing party on the loan). If the state is a non-communal property state, the estate of the deceased spouse will first be looked to in order to provide the funds to pay off all debts. If there are enough assets to cover the debt, the loan will be paid in full, regardless of the surviving spouse's wishes as the lender's rights come before those that may be beneficiaries to any estate proceeds. If there are not enough assets to cover the loan, the lender may look to liquidate the asset (the surviving spouse's home) in order to satisfy the debt. If the home is NOT in the surviving spouse's name (either through joint tennancy or named ownership), the surviving spouse may not be able to intervene.
How do you file a deed to change title of house after a spouse dies?
If the married couple took title to the property as "tenants by the entirety" (a method of taking title reserved for persons married), then there is a right of survivorship whereby the surviving spouse becomes the sole owner of the property. This happens automatically. Typically, you would also file/record an "affidavit of surviving tenant by the entirety" indicating that one of the spouses has deceased so that when/if you go to sell the home, the title company and buyer will not be looking for the signature of the deceased spouse.
If a mobile home in the name of only one spouse and they die is the other spouse resposible for the the debit?
The estate of the deceased is responsible for the debts. The spouse is going to have to pay the debt as a beneficiary of the home purchased by the spouse.
