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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.
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can the spouse live in the home after the spouse dies under a reverse mortgage?
Yes Watson. But the real question is: can the spouse spouse the home after the reverse mortgage dies live?
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.
What rights spouse have after death of the other spouse if the home was purchase before marriage by one spouse?
Depends on the will
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.
What is the meaning of non vested spouse on a mortgage where both husband and wife are the mortgagees?
if the wife owned a home prior to marriage and the spouse signed non vested spouse. does the home still belong only to the wife.
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.
Your father died in 1953 his mother died your grandmother leaving her home to her heirs Would you be considered to be her heir on your fathers share of her home?
If your grandmother died and devised her home to her heirs then you may be entitled to inherit your father's share, whatever that may be, according to the intestate succession laws in your grandmother's state. If he had a spouse she may also receive a portion. If he had no spouse his children would share equally. However, the wording of your grandmother's will may direct who will inherit the share of a deceased child. Property may be devised to a person's children with the share of any deceased child to pass to his own sisters and brothers. Or, property may be devised to a person's children with the share of any deceased child to go to the deceased child's children (grandchildren). You need to check the wording of the will and you may need to check the laws in the state where your grandmother's will is probated.
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.
What happens when a separated spouse will not allow sale of deceased spouses home when there is an executor?
The spouse does have some rights to the home, based on specific laws for the state in question. If their name is on the deed, they can control the sale. Consult an attorney in your state.
If mortgage note is in the name of a deceased spouse but your name is on the deed will your credit be affected if you chose to walk away from the home?
If you are only on the title, then your credit will not be affected.
Can utility companies require spouse pay outstanding bill if spouse is deceased?
Yes, if the spouse is living in the home or benefited from the utility use. The assets of the estate have to be used to clear all debts before anything can be distributed. That includes utility bills and credit card debts.
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.
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.
Married couple have Florida deed in Fee Simple spouse dies intestate does deceased spouse's child from previous marriage have any claim to interest in home Is Florida default Tenancy in the Entirety?
The default tenancy on a deed to married persons in Florida is tenancy by the entirety.
Two sisters inherit a home that deceased parents left them in a trust My own home is into foreclosure is there a way I can force sister to borrow off the beach house to buy me out?
What beach house? Who is the trustee? However, the answer is probably no. The trustee typically has discretion on when and how to make distributions from the trust.
Who gets tax deduction for payment of mortgage and home equity line if deceased is no longer paying them and house passed to this person through will but deed not yet in their name?
The deductions will belong to the estate. One cannot inherit a mortgage.
can the spouse live in the home after the spouse dies under a reverse mortgage?
Yes Watson. But the real question is: can the spouse spouse the home after the reverse mortgage dies live?
