If joe and Mary are married, and the house was bought using "Tenants in the Entirity" (which is the default for married buyers), then yes, the ownership of the house passes to the surviving spouse without any tax consequences. It's a privilege given to married people that single people do not have.
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
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 the land is titled as "right of survivorship" then it would mean that at least 2 people are owners of the property and when 1 of them dies the other(s) automatically own the deceased's share of the property.
That depends on how the property was titled. If the spouses owned as joint tenants with the right of survivorship or tenants by the entirety (as most married couples do) then you have no claim whatsoever. In that case, the property automatically passed to the surviving spouse. If it happens the property was owned as tenants in common then you may acquire an interest in your deceased parent's half along with the surviving spouse providing the parent didn't leave the property to their surviving spouse by will. First check the tenancy on their deed.
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,
No, unless the property was titled in such a way that it prevents the automatic succession to the surviving spouse, which is highly unlikely. In all states a primary homestead by-passes probate procedure and becomes the sole property of the surviving spouse.
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.
Because of California being a community property state, the non-titled spouse would still be entitled to one-half of the property. The other half could be willed to the surviving spouse.
Your answer can only be that the non-titled spouse is paying assessments.
If you live in the U.S., each state has its own laws on what happens to the property of those who die without a will. They may be titled "descent and distribution" or some similar name in your state's code. In most places, property will go to the surviving spouse. If there is no spouse, the it will be divided among any surviving children. If there is are no children or spouse left, the property goes further up the family tree to the deceased person's parents or siblings. Check your state's laws.
The rules of intestacy would apply to this asset just as it would any other. See related question link provided below to check the laws of intestacy in the US and UK.
The ownership of any vehicle is determined by the titling of said vehicle. If a married couple resided in a community property state and the vehicle was titled in one or both names at the time of the spouse's death, the vehicle belongs to the surviving spouse. In non CP states the probate laws apply, although it is a general rule that at least one vehicle is the property of the surviving spouse. Both situations are based upon the vehicle not having a lien, either for the original loan or other matters. If a vehicle is not owned freely and clearly at the time of the owner's death, the lending contract must be reaffirmed or the vehicle becomes a part of the probate procedure and succession laws apply.
The car becomes part of the estate. The executor of the estate can have the vehicle transferred to the appropriate party as they settle the estate. The estate will also be responsible for eliminating any debt involved, if a balance is owed on the car.
Since the couple were not married the surviving person is only responsible for joint debts only. The status of the home ownership depends upon how the property is titled and the terms of the mortgage agreement.
If it has to do with the death of the titled owner, a probate court would have to administer the necessary paperwork to change the actual ownership even if a will states that it automatically becomes the other spouses property.
Maybe. They would have to apply for a writ of judgment in the other state, perhaps initiate a new lawsuit. That would depend on any agreements concerning such issues between the states involved. The biggest factor is how the land is titled. If the property is titled in the surviving spouse's name only it is not subject to creditor action. If the property was included in the deceased's will, it may become part of the estate,in which case, ownership rights will be decided by the probate court.
Yes. There are some limitation based on the total value of the estate, but if real property is involved, you need the finalization of probate. * Florida allows married couples to hold real estate as Tenancy By The Entirety. When the property is titled TBE it passes directly to the surving spouse and is not subject to probate proceure or creditor attachment if the deceased spouse is the sole debtor.
You need to speak with a representative at the bank that holds the CDs to review the manner by which those CDs are titled. If you hold as a joint owner with another person your interest may automatically pass to that other person upon your death. You would need to make special arrangements with the bank if you want your interest to pass to your wife.
If the real property is titled as joint tenants with the right of survivorship and one owner dies, their interest automatically passes to the survivor. All you need to do is to record a death certificate in the land records to show the other joint tenant is deceased. As for the car, you should call the Department of Motor Vehicles in your state to determine what their policy is when a joint owner dies.
Yup, joint ownership. Pretty much always a bad idea...
The way the property is titled determines who takes ownership. If the property is titled as Joint Tenants or Joint Tenants With Right of Survivorship, the surviving person(s) named on the deed receive the entire property and it is not subject to probate distribution. If the property is titled as Tenants-In-Common, it is subject to probate distribution as required under the laws of the state in which the property is located.
Your spouse can probably deal with any property the two of you own jointly, but simply being your spouse does not give your spouse the ability to deal with assets titled solely in your own name, contrary to popular belief and "urban legend."
Yes, joint ownership. It can read John Doe and Mary Doe, or it can read John Doe or Mary Doe. If it it titled "and", both parties share ownership jointly and both signatures are needed to transfer title. If it is titled "or", either party can transfer the title, without the other owners consent.
The answer depends on many factors including:How the property is titled: If she and her husband owned their property (home and bank accounts) as joint tenants with the right of survivorship then the property will pass to him automatically as the survivor.The laws of intestacy in her state: Any property she owned in her own name will pass according to these laws. You can check the laws in your state at the related question link provided below. Many states provide a share to adult children. Some states provide a share only to children who are not children of the surviving spouse. Some state laws pass all property to the surviving spouse.You should consult with an attorney who specializes in probate who can review your situation and explain your rights and options, if any.
No. Please be advised, that if the creditor sues for the debt and wins a judgment the judgment can be executed against a bank account held by a married couple even if only one spouse is the debtor. The non-debtor spouse would be required to supply the court with documentation of his or her ownership rights to the bank account that could be subject to levy. Likewise, the judgment creditor might be able to place a lien against property jointly owned for the debt owed depending upon how said property is titled.