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Far too complicated for a simple answer. How was the property held? In each name, or a joint tenants with right of survivorship? Was there a will? Are there surviving heirs other than the holder of the community property? And finally- it will be up to the laws of the state, province or nation where the community property is located.
What else can I help you with?
In Texas, when a spouse dies, who is entitled to the house?
In Texas, when a spouse dies, the surviving spouse is typically entitled to the house if it was community property or if it was left to them in the deceased spouse's will.
What happens if you are not on title and your spouse dies?
In most cases the spouse has a right in the property, even if they are not on the deed. If there is no will, the spouse typically inherits the property.
When one spouse dies what happens to jointly owned property?
The surviving spouse becomes the sole owner.
What happens to property of a non resident who dies without a will who is estranged from spouse.?
It passes to the decedent's heirs, the spouse of which will be one.
If a spouse's parent dies and leaves inheritance does this become community property with your spouse?
Not immediately. When you inherit something it is separate property because it was specifically designated to go to you. If you put these funds in a joint account or share them with your spouse then it would likely be deemed as transforming to community property.
In California if the spouse dies and have a credit card in his name and not mine am i responsible for his bills.?
It depends on if California is a community property state or non-community property state.
Who pays the credit card bill if someone dies?
Depends on whether you are in a community property state. If you are, and married, your spouse dies, you/estate is responsible for the bill.
What happens when a married person dies and leaves no will?
Generally, when a married person dies intestate (without a will) any interest in property held with the spouse as joint tenants with the right of survivorship, or tenants by the entirety, automatically passes to the spouse. Any individually owned property passes according to the laws of intestacy. Those general rules govern non-community property. Property is distributed differently in community property states. See the related question below for a link to state by state intestacy laws.
When a spouse dies with property that is inherited in Ohio does that property convey to the surviving spouse if there is no will?
yes
What about if one spouse dies in a non community property state?
In a non-community property state, assets acquired during the marriage are typically considered separate property unless they are jointly titled. If one spouse dies, the distribution of their assets will generally follow the deceased spouse's will or, if there is no will, the state's intestacy laws. The surviving spouse may inherit a portion of the deceased spouse's separate property, but this can vary based on the state's laws and whether any children or other heirs are involved. It's advisable for the surviving spouse to consult a legal professional for guidance on their specific situation.
If a spouse dies but leaves the property in a will to someone else what happens?
"Someone else" gets the property. The surviving spouse can certainly contest the will. And there may be specifics in the state that entitle the surviving spouse to a portion of the real property, or a life estate in real property. Consult an attorney licensed in the state in question.
If you are married and your spouse dies and you are not living together and the property is in the spouses name what happens to it?
The answer depends on many factors. It depends on whether you live in a community property state and when your spouse acquired the property. It depends on whether your spouse left a will and if the property was devised in the will. It depends on whether there is a provision in your state law whereby a disinherited spouse can claim a share of the estate by "election" if the property was devised to another person. If there was no will then you can check the laws of intestacy in your state in the link at the related question below. You should contact an attorney in your area to determine if you have any interest in the property.
