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The method in which a deceased person's assets and debts are handled depends upon whether there was a Will and/or the laws of the state in which the person resided at the time of his or her death.
The best option for the surviving spouse in such cases is to seek advice from an attorney qualified in such matters. The majority of attorneys offer free or minimal charge consultations to explore options.
What else can I help you with?
When a spouse who is a primary bank account holder dies would the other spouse who is the joint account owner have to closed the account?
When a spouse who is the primary bank account holder dies, the joint account typically remains accessible to the surviving spouse without needing to close it immediately. The surviving spouse can continue to use the account, but it's advisable to inform the bank of the primary account holder's death. Depending on the bank's policies and local laws, the account may eventually need to be updated to reflect the surviving spouse as the sole owner or closed if a new account is opened.
Is an estate accounting required even if assets were held in joint tenancy and spouse is only heir?
If all property was jointly owned then ownership automatically passed to the surviving spouse. There is no need to open an estate proceeding.
Is the surviving spouse responsible for deceased spouse's federal income tax?
I take it that the two of you filed separate returns and kept your funds separate. You are probably not responsible for your deceased spouse's federal income tax. However, your deceased spouse's estate is responsible for his or her federal income tax. That is if there is enough money in the estate to pay the taxes. Otherwise, you may need a good tax lawyer.
How do you evict the surviving spouse if he refuses to pay taxes and upkeep?
To evict a surviving spouse who refuses to pay taxes and upkeep, you must first check the local laws regarding property ownership and eviction processes, as these can vary significantly. Typically, you may need to file a petition in court to seek a partition of the property or an eviction if the spouse is not legally entitled to stay. It's advisable to consult with a real estate attorney to ensure compliance with legal procedures and to understand your rights and options based on the specific circumstances.
When there is no executor of estate how do bills get paid from the decedent's account?
The bills can't be paid. You need to file a petition in the probate court to be appointed the estate representative. The appointed estate representative will have the authority to access the decedent's account and pay any bills that are owed.
In the state of Michigan if the surviving spouse is additional user on a credit card of the deceased will the surviving spouse need to pay the debt?
The estate will be held responsible. Given that the spouse was a card user, they can also be held responsible if the estate doesn't resolve the issue.
When a spouse who is a primary bank account holder dies would the other spouse who is the joint account owner have to closed the account?
When a spouse who is the primary bank account holder dies, the joint account typically remains accessible to the surviving spouse without needing to close it immediately. The surviving spouse can continue to use the account, but it's advisable to inform the bank of the primary account holder's death. Depending on the bank's policies and local laws, the account may eventually need to be updated to reflect the surviving spouse as the sole owner or closed if a new account is opened.
Is an estate accounting required even if assets were held in joint tenancy and spouse is only heir?
If all property was jointly owned then ownership automatically passed to the surviving spouse. There is no need to open an estate proceeding.
Wife and husband married for 18 years estate left to son of previous marriage is there anything she can get?
Many states give a surviving spouse a right to inherit a portion of their late spouse's estate under the doctrine of election, even if the decedent left the property to someone else by will. You need to check your particular state.Many states give a surviving spouse a right to inherit a portion of their late spouse's estate under the doctrine of election, even if the decedent left the property to someone else by will. You need to check your particular state.Many states give a surviving spouse a right to inherit a portion of their late spouse's estate under the doctrine of election, even if the decedent left the property to someone else by will. You need to check your particular state.Many states give a surviving spouse a right to inherit a portion of their late spouse's estate under the doctrine of election, even if the decedent left the property to someone else by will. You need to check your particular state.
In the state of Georgia if the Survivig spouse is not a user on a credit card will the surviving spouse need to pay the debt?
Indirectly they will pay in Georgia. The estate will be primary and the spouse is considered to have benefited from the purchased items.
In state of new york if the surviving spouse is additional user on a credit card of the deceased will the surviving spouse need to pay the debt?
No, an authorized user has no obligation to pay back the debt and the credit card company cannot make you pay the debt. They can request payment from the estate if there is an estate left.
In New York does an entire estate always pass to the surviving spouse or can a will specify that it be split among the spouse and children?
1 Check with an atty Hopefully the decedent had a valid will 2 I was told by an atty for my fathers estate that the surviving spouse cannot be excluded from an estate however children can .Some parts of a persons estate will automatically go to the surviving spouse. It all depends on what in in their estate. Real Property , cash insurance stocks bonds etc , and each item is dealt with separately by law in NYS -I was also told that no matter what the will says if all heirs agree on a different settlement and petition the court for such agreement , the court will agree to the amended settlement.For example if there is a surviving spouse and 3 children and one child does not want their share of their inheritance for any reason (say they don't need/want the money for example) they can give their share to the other siblings and the surviving spouse to be shared . If the spouse and siblings agree they can all petition the court and the court will allow the declining child's share to be split up
How can you as the child become the executor of the estate over the suviving spouse and no will?
Matters of probate are controlled by the laws of the state in which the decedent lived. Therefore, you should contact the office of the clerk of the probate court to obtain information on the procedures for filing for executor or executrix of the deceased's estate. ==Clarification== If the decedent died intestate the surviving spouse must Petition the probate to be appointed the Administrator of the estate. If there is no will then there is no executor.
When parent dies without will can the adult children take possession of the deceased parent's property and assets in Florida?
That depends on whether your parent was married at the time of death and if yes, whether the surviving spouse is also your parent. If the surviving spouse is not also your parent then the estate will be shared 50/50 with the surviving spouse getting half and the surviving children by a first wife sharing the other half. If the surviving spouse is also your parent then the surviving spouse gets 100%. If there is no surviving spouse the children get 100%.It is likely the estate will need to be probated. You should seek advice from an attorney who specializes in probate matters and who can provide up to date information.https://www.thebalance.com/dying-without-a-will-in-florida-3504952
Can a husband will all his assets to his and his wife's children instead of his wife?
You need to check the laws in your particular jurisdictions. In most states in the US (except Louisiana) a person cannot disinherit their spouse. States follow a legal principal known as spousal election that gives a surviving spouse the share they would receive if there was no will. The surviving spouse need only file a claim in the court where the estate is probated. That share is set forth in the state laws of intestacy. You can check the laws of intestacy at the related question link.You need to check the laws in your particular jurisdictions. In most states in the US (except Louisiana) a person cannot disinherit their spouse. States follow a legal principal known as spousal election that gives a surviving spouse the share they would receive if there was no will. The surviving spouse need only file a claim in the court where the estate is probated. That share is set forth in the state laws of intestacy. You can check the laws of intestacy at the related question link.You need to check the laws in your particular jurisdictions. In most states in the US (except Louisiana) a person cannot disinherit their spouse. States follow a legal principal known as spousal election that gives a surviving spouse the share they would receive if there was no will. The surviving spouse need only file a claim in the court where the estate is probated. That share is set forth in the state laws of intestacy. You can check the laws of intestacy at the related question link.You need to check the laws in your particular jurisdictions. In most states in the US (except Louisiana) a person cannot disinherit their spouse. States follow a legal principal known as spousal election that gives a surviving spouse the share they would receive if there was no will. The surviving spouse need only file a claim in the court where the estate is probated. That share is set forth in the state laws of intestacy. You can check the laws of intestacy at the related question link.
When there is a surviving spouse is the deceased spouse's estate subject to probate in the State of Florida?
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.
Father passed away and mother never opened estate Now mother is gone who is responsible for opening the estate of the father Will states everything is left to wife.?
Each estate must be separately administered. Fathers creditors will need to be paid from father's estate, necessary tax forms will be filed. Father's estate will need to be distributed according to the father's will, i.e., the residual to the surviving spouse. The estate of the spouse is then probated by the administrator of the wife's estate, as required by the wife's creditors and heirs.
