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Will says everything in the house belongs to the surviving spouse Does executor step-son have a right to include items as part of the estate to be sold since items were acquired before the marriage?
Wiki User
∙ 15y ago
No. Regardless of when the items were acquired, the Will leaves them to the surviving spouse. They now belong to the surviving spouse.
Wiki User
∙ 15y ago
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What is the legal position of husband with the regard to a wife's property when she was single?
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.
Is the last will made before marriage and the executor so named in the will still effective in the state of Texas and what are the rights of surviving spouse with out a will?
In many jurisdictions, a will made prior to marriage is considered void and the intestate laws will be applied. Typically, if there are no issue from the deceased, the spouse will inherit everything. If there are issue, the estate is split between the spouse and the children.
Can one name the marriage partner to be executor?
Yes, a spouse can be an executor (male) or executrix (female) in a marriage.
Can alimoney be claimed from the husband from the property he owned prior to the marriage or only from the earnings post marriage?
Assets acquired prior to marriage are usually protected from a divorce distribution.Assets acquired prior to marriage are usually protected from a divorce distribution.Assets acquired prior to marriage are usually protected from a divorce distribution.Assets acquired prior to marriage are usually protected from a divorce distribution.
What is conjugal property?
Any property acquired during marriage
Is a marriage license acquired in KY valid in Ohio?
A marriage license, if signed by a legal justice of the peace or pastor, is legal and valid anywhere in the United States regardless of which state it was acquired in.
Nh common law marriage surviving spouse rights?
New Hampshire recognizes common law marriage for purposes of probate only. In other words, they recognize a common law marriage at the time of the spouses death to ensure the surviving spouse can receive the inheritance with no issues.
What are the legal rights of a surviving spouse in WI if a son from a previous marriage is left everything in a will?
There are a number of possible scenarios. If the marriage occurred after the will was written, the court will probably throw out the will and distribute the property according to intestacy laws, which would typically be a split between the two. Consult an attorney in your jurisdiction!
If divorced and the ex-spouse dies can the surviving spouse get married in the catholic church?
Yes, provided that there are no other impediments to a marriage, the surviving spouse would be free to marry.
In Texas if a deceased spouse has named someone other than the surviving spouse does the surviving spouse have any claim under community property?
Property acquired during a marriage is subject to community property laws.A surviving spouse in Texas has other laws that may grant rights in the decedent's estate depending on whether there is a Will or not: Laws of Intestacy and a surviving spouse's Right of Election. You should seek the advice of an attorney who can review your situation and explain your options.https://brazoslawyers.com/widows-right-election-texas/
In Texas does the step wife have rights to a property in a valid will?
There is no such legal entity as a step-wife. A second wife is the surviving spouse and has rights of inheritance under state laws. A wife who is disinherited by will has the right of election. The surviving spouse can elect to take a statutory share of the testator's estate. That share can be up to one-third of the estate. Texas is also a community property state. A surviving spouse has rights in any property acquired during the marriage. You should consult with an attorney who can review your situation and determine what your rights are under your state laws.
Is a husband entitled to his wife's property that she acquired prior to their marriage in Texas?
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.
