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How does a surviving spouse cash a deceased spouse's check if it says to the estate of?
To cash a check made out to "the estate of" a deceased spouse, the surviving spouse typically needs to open a bank account in the name of the estate. This may require obtaining a death certificate and a court-issued document, such as Letters Testamentary or Letters of Administration, which appoints the surviving spouse as the executor or administrator of the estate. Once the account is established, the surviving spouse can deposit the check into that account. Consulting with a probate attorney can provide guidance on the specific steps and legal requirements involved.
If both spouses are on the house deed and one dies can the children go after the house?
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.
Can surviving spouse receive the pension?
In many cases, a surviving spouse may be eligible to receive a portion of their deceased spouse's pension benefits. The exact amount and eligibility criteria will depend on the pension plan's rules and the specific circumstances. It's important to check with the pension plan administrator.
How can the descendants of deceased children whom committed suicide be excluded from the inheritance if there is no will?
Generally, when a person dies intestate their property descends to their spouse and children. However, in certain states the surviving spouse inherits all the property. In the states where the surviving spouse AND children inherit, the children of any deceased child would take their parent's share. You can check the laws of your state at the related question link provided below.
Does a surviving spouse have to pay deceased spouse's back taxes when the surviving spouse never worked but was only a dependent?
Oh, dude, that's a tough one. Technically, if the surviving spouse never worked and was just a dependent, they wouldn't be responsible for the deceased spouse's back taxes. But hey, I'm no tax expert, so maybe double-check with someone who actually cares about this stuff. Like, good luck with all that tax drama, man.
Can you claim widows pension if you are divorced?
No, you typically cannot claim a widow's pension if you are divorced. A widow's pension is generally designated for surviving spouses of deceased individuals. If you are divorced, you would not be considered a surviving spouse, and therefore, you would not be eligible for that type of pension. However, specific rules can vary by country or pension plan, so it's important to check the regulations that apply to your situation.
Can you cash any check of a deceased person into your spouses bank?
Generally, you cannot cash a check made out to a deceased person, even if you are their spouse. The funds belong to the deceased's estate, and cashing the check could be considered fraudulent. Typically, the estate must go through probate, and any checks owed to the deceased should be deposited into the estate account. It's best to consult with an attorney or the bank for specific guidance.
Can the person with durable power of attorney sign their deceased spouses name when depositing a check?
No.
Will surviving children be responsible for paying deceased parents medical bills?
i just lost my aunt and her children had to pay her medical bills.there are programs that will help the children pay them if they cant. * Many times surviving family members will be sent medical and hospital bills after a person has died. However, the children of the deceased or other family members have no legal obligation to pay such debts unless they have agreed to accept the responsibility at the time the person(s) were receiving medical care. Medical bills as are all other debts and assets are considered part of the deceased's estate and are handled according to the state probate laws.
Can an adult child receive their deceased father's pension?
It depends on the specific pension plan and the rules set by the plan administrator. Sometimes, pensions can be passed to a surviving spouse or dependent children, but it is important to check with the pension provider for eligibility.
Do children have rights in or to community property if father dies but mother is living?
You need to check your particular state laws. In a community property state each spouse owns a one-half share of the marital property. In some states a spouse can dispose of their interest by their will to someone other than their surviving spouse.Upon the death of one spouse state laws vary on intestate (without a will) inheritance. In some, the surviving spouse inherits their deceased spouse's share if there are children of the marriage. In some the surviving spouse receives only a half of that share if there are children by a former marriage. In Louisiana the share of a deceased spouse in community property passes to their estate if they had children but the surviving spouse can use the property until death or remarriage. If the deceased had no children the community property passes to the surviving spouse.People who own property in a community property state should consult with an attorney about estate planning. If you are a surviving child then you should consult with an attorney who specializes in probate law.
Does property and estate automatically transfer to the surviving children if the deceased did not have a will in the state of California?
The estate passes to the heirs at law according to the state laws of intestacy. Generally, if there is no surviving spouse it passes to the children equally. You can check the laws of California at the related question link.The estate passes to the heirs at law according to the state laws of intestacy. Generally, if there is no surviving spouse it passes to the children equally. You can check the laws of California at the related question link.The estate passes to the heirs at law according to the state laws of intestacy. Generally, if there is no surviving spouse it passes to the children equally. You can check the laws of California at the related question link.The estate passes to the heirs at law according to the state laws of intestacy. Generally, if there is no surviving spouse it passes to the children equally. You can check the laws of California at the related question link.
