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The standard would be they inherit everything. That is once the debts are settled.

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10y ago

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Your Mother died without a Will. Who gets her Mineral Rights?

That depends on the laws of intestacy in her state or country. In general it will be the spouse, followed by her descendants.


What is the legal position of husband with the regard to a wife's property when she was single?

In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.


How does the length of time a couple is married affect spousal rights in a will. How long do they have to be married for the new spouse to have rights to the estate if they were not included?

There is no time limit. The length of time of the marriage has no effect on the statutory rights of a legal spouse. The surviving spouse has legal rights . . . period. You can check those legal rights under your state laws of intestacy at the related question link provided below.


Who has more rights in a person's property when they die the spouse or children?

That depends on state laws of intestacy and those laws vary from state to state. In some states the surviving spouse takes it all. In some states the spouse and children share. In some states the spouse takes it all unless there are children of the decedent who are not her/his children. You can check the laws of intestacy for your state at the related question link provided below.


If property was owned by deceased spouse after marriage what is the property rights of the surviving spouse with no will?

In a common law jurisdiction, the surviving spouse may have the right to a portion of the deceased spouse's property through intestacy laws. This varies by jurisdiction, but generally the surviving spouse will receive a portion of the estate, with the remainder distributed to other relatives according to the laws of intestate succession. It's recommended to consult with a lawyer to understand specific rights in your location.


What is a wife entitled to if you are married in Oklahoma?

Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.


In the state of Indiana does a sibling have first rights of inheritance when no will exists and there is no spouse or parent or decendants?

Generally, yes. You can check the laws of intestacy for your state at the related question link provided below.


Can a natural child claim rights to a deceased parents assets if property was jointly owned with a stepparent when the stepparent never adopted the child legally and the natural parent left no will?

If the parent and step-parent owned the property as joint tenants with the right of survivorship then full title passed to the step-parent upon your parent's death. You have no rights in the property. You may have an interest if the property was owned as tenants in common. In that case your parent's half would pass as intestate property according to the laws in your state which you can check at the link below. You could view or obtain a copy of their deed at the land records office to confirm how the land was owned. If you think you may have an interest you should speak with an attorney and show her/him the deed.


What rights does a person have in the property when the spouse has a life estate?

A life estate gives the spouse the right to possess and use the property during their lifetime. The spouse has limited rights to alter the property or pass it on in their will, as the ownership reverts to the remainderman upon their death. The remainderman has a future interest in the property and will gain full ownership upon the spouse's death.


What are your rights as a widow when you were forced to leave your husband due to physical violence and for the safety of your life?

If you were not divorced then you are still the surviving spouse. You are entitled to the share of the surviving spouse provided by your state laws of intestacy. You can check the laws in your state at the related question link provided below.


Does wife have control of dead fathers estate if married in Mexico?

If the marriage was valid then she is the surviving spouse. The children may also have rights. You can check the laws of intestacy for your state at the related question link provided below.


How does an estate work without a will?

The laws of intestacy will apply. The laws are fairly consistent providing for the spouse and children.