Generally, yes. Any estate that holds real property must be probated in order for title to pass to the heirs. However, laws vary in different jurisdictions. A surviving may have special rights in community property states.
In separate property states the property will pass according to the provisions in the decedent's will or according to the state laws of intestacy if there is no will. In many jurisdictions the surviving spouse will inherit the estate, however, that scheme is not universal. In some states the children receive a share of an intestate estate especially when the surviving spouse is not their parent.
You need to consult with an attorney in your jurisdiction who can review your situation and explain your options.
It will not go into probate if the house was purchased by them as husband and wife as tenants by the entirety or as joint tenants. Both spouses own whole interest together so that when one person dies the survivor becomes the sole owner. The deed does not even have to be changed.
Yes, probate would be necessary to insure that all debts are taken care of, the title gets properly transferred and that the appropriate state and federal taxes are paid. Consult a probate attorney in NC for specifics. There may be a short version of probate that can be used.
No, the house is in the name of the one spouse. Which is why you MUST make sure you put both names on a deed.
If the house was in "joint" title, then the absence of a will is irrelevant because the home automatically belongs to the surviving spouse and does not become part of the probate estate. Only the probate estate would be subject to the Georgia rules of intestacy.Incidentally, in Georgia code, if a spouse dies intestate, with no surviving children or other descendants, the surviving spouse becomes the sole heir anyway. O.C.G.A. Â§ 53-2-1
Usually the mortage is set up as a survivors deed. This means that if one person dies, the spouce receives the deed in their own name. If this is not the case and the house wasn't willed to the other spouse, then it will have to be taken up in Probate Court.
If both names are on the deed, then both signatures are required. If the spouse has signed a quit claim deed to the home, then the other does not need consent.
It will depend upon how the deed is worded. Typically, yes, a spouse would become sole owner of the property. Consult a probate attorney in Florida for specifics and how it works.
if my spouse dies can his adult children take my home the house is owned by bothe of us
If "titled to both names" means "joint tenants" or "tenants by the entirety", then the absence or presence of a will is irrelevant because the surviving spouse obtains full ownership through the deed, not through probate.
If it is in both of your names then yes.
If the loan was in both of your names, yes. That is your foreclosure also.
The property would pass according to the Florida laws of intestacy. If there is no surviving lineal descendant of the decedent (child or the children of any deceased child), the entire intestate would pass to the surviving spouse. You should seek advice from an attorney who specializes in probate law in Florida,
If two people owned property, executed a mortgage, and the mortgage is in default, the foreclosure will be filed in both names. It was both mortgagors who defaulted and both will be parties to the foreclosure. If one executes a quitclaim deed to the other that will not stop their being mentioned in the foreclosure.
Ownership of real property is determined by the names on the deed.
Of course. It's addressed to you.
Your spouse needs to be present.
Contact your state department of motor vehicles. There is usually a simple process for transferring the title to the surviving spouse that may involve a simple probate filing to establish a record of the death. They can advise you.
Whomever claims the other spouse would claim the house.
If both of you signed the deed to the house you are entitled to half. However if your spouse owned the house before you were married it belongs to him.
Depends who's name is on the mortgage. If both names are on, then you would need both spouse's to take out a home equity line of credit.
If you are also on the deed the sale must have both your consent and your signature.
The spouse gets the home. The children are not entitled to a portion of the home. They are not required to get anything from the estate.
It depends on the laws of the the jurisdiction. In many cases the bank would have required this to get the mortgage. There may have been a quit claim deed filed with the mortgage.
As a general rule, the surviving spouse can at least claim his/her community property interest in the property; the balance of the prop interest would be subject to claims by the decedent's heirs at law (children, siblings, parents, etc.). If there are no such heirs at law, then the surviving spouse should be able to claim 100%.