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If property was owned by deceased spouse prior to marriage what is the property rights of the surviving spouse with no will?
Typically the spouse inherits the entire estate unless there are children involved.
If a property is owned by the daughter and the deceased mother is that considered the deceased estate?
The rights in the real property are a part of the estate. If the property was owned with rights of survivorship, the daughter may claim title without going through probate. Consult an attorney who does probate work in your jurisdiciton.
Would your spouse be responsible for your business credit card debt if you were to die if she is not an account holder?
Your estate is responsible for your debts. If the business is owned by the deceased, the business is responsible. A spouse is not responsible, but the amount they inherit will be affected by the debts.
If your spouse leave you executor and benificary will you inherit everything that he owned?
The exector has a duty to execute the will. One of the first things is to value the estate and determine what the debts of the deceased are. Once the debts of the deceased are discharged, the remainder will go to the sole beneficiary.
What does estate of the deceased mean?
The 'estate of the deceased' refers to all the property, real or personal, a person owned in their own name at the time of their death. That property is said to be their 'estate'. If the person left a will they are said to have died testate and their property will pass to their heirs according to the provisions of their will. If they had no will their estate will be considered to be an intestate estate and will pass to their next-of-kin according to the state laws of intestacy. An estate must be probated whether a person dies testate or intestate. As part of the probate process a notice is published that gives any creditors of the decedent an opportunity to file a claim. The debts of the decedent must be paid before any of their estate is distributed to the heirs.
If property was owned by deceased spouse prior to marriage what is the property rights of the surviving spouse with no will?
Typically the spouse inherits the entire estate unless there are children involved.
Is the spouse named on the loan or the estate of the deceased spouse responsible for the debt of joint owned loans?
Yes.
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.
Is the deceaseds spouse responsible for debts not in their name?
They might be. Anything jointly owned would normally become sole property of the spouse, but, is still part of the deceased's estate. After taking appropriate legal steps for example, a creditor could force the sale of a jointly owned property, splitting the money with the spouse to start paying off the deceased's debts. If all the deceased's assets are liquidated, and it is not enough to pay off the debt though, then the spouse is not responsible for that part, that debt will then have to be written off.
What assets are included in deceased estate?
A decedent's estate is made up of any property they owned at the time of death.
If a property is owned by the daughter and the deceased mother is that considered the deceased estate?
The rights in the real property are a part of the estate. If the property was owned with rights of survivorship, the daughter may claim title without going through probate. Consult an attorney who does probate work in your jurisdiciton.
In MA is a home considered an estate upon death of a spouse?
If the property was owned by the couple as joint tenants or tenants by the entirety the decedent's interest passes automatically to the surviving spouse and is not part of the probate estate. If the property was owned solely by the decedent it becomes part of the estate.
What rights does a second husband have to deceased wife property?
If the property is owned by a valid trust it is not part of the decedent's estate. The purpose of the trust was to protect and preserve the property for the children. The second wife has no rights in the property.
What rights do a surviving spouse have if not mentioned in the will?
The rights of a surviving spouse vary by jurisdiction, but generally include the right to claim a portion of the deceased spouse's estate, known as the "elective share." This ensures that the surviving spouse receives a minimum percentage of the estate, regardless of what is stated in the will. Additionally, the surviving spouse may also have the right to certain property or assets owned jointly with the deceased spouse. However, it's important to consult with a legal professional to understand the specific laws and rights applicable in your situation.
Can a person be held responsible for a debt owned by a deceased spouse in Virginia?
It depends on the type of debt. The estate is going to be responsible for the debt in most cases. Which means it has to be paid before the spouse can take anything from the estate.
When a couple owns a lot of property in Georgia and one dies does all the property go to the spouse?
In Georgia, whether all property goes to the surviving spouse depends on how the property is titled and whether the deceased spouse left a will. If the property is jointly owned with the right of survivorship, it automatically passes to the surviving spouse. However, if the property is solely in the deceased spouse's name and there is no will, Georgia's intestacy laws dictate that the property may be divided among the surviving spouse and any children. It is advisable to consult an attorney for specific legal guidance in such situations.
When one spouse has a judgment enter on them can they levy property that is jointly owned by the other spouse?
In Michigan can jointly owned real estate by used to satisfy a judgement against one of the joint owners?
