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What else can I help you with?
Is your home part of your estate?
If you own your home at the time of your death it will become part of your estate. If the title is held jointly with another person the title will pass automatically to that person at the time of your death and the home will not become part of your estate.
Can wife assume mortgage after husband dies?
She may be able to assume the payments. She needs to consult with the lender but some mortgage contracts may allow a surviving spouse to take over the payments. She should get some legal advice from the attorney who is handling the estate and who is familiar with practices in her jurisdiction.Also, you didn't mention whether she owns the property by survivorship. If not, her husband's estate must be probated in order for legal title to pass to his heirs under his Will or according to the state laws of intestacy.She may be able to assume the payments. She needs to consult with the lender but some mortgage contracts may allow a surviving spouse to take over the payments. She should get some legal advice from the attorney who is handling the estate and who is familiar with practices in her jurisdiction.Also, you didn't mention whether she owns the property by survivorship. If not, her husband's estate must be probated in order for legal title to pass to his heirs under his Will or according to the state laws of intestacy.She may be able to assume the payments. She needs to consult with the lender but some mortgage contracts may allow a surviving spouse to take over the payments. She should get some legal advice from the attorney who is handling the estate and who is familiar with practices in her jurisdiction.Also, you didn't mention whether she owns the property by survivorship. If not, her husband's estate must be probated in order for legal title to pass to his heirs under his Will or according to the state laws of intestacy.She may be able to assume the payments. She needs to consult with the lender but some mortgage contracts may allow a surviving spouse to take over the payments. She should get some legal advice from the attorney who is handling the estate and who is familiar with practices in her jurisdiction.Also, you didn't mention whether she owns the property by survivorship. If not, her husband's estate must be probated in order for legal title to pass to his heirs under his Will or according to the state laws of intestacy.
How much money did Aristotle onassis have when he died?
The correct answer would be $0, the assets of a human pass to their estate at death. So even if those assets don't change position in any way, they immediately become the property of the deceased persons estate or pass on to whoever they stipulated.
Life insurance made out to the estate but no will in Florida how can the spouse claim?
An Administrator would need to be appointed by the court and the proceeds of the insurance would pass as intestate property. You should seek the advice of an attorney if that is the only asset of the estate to determine if there is any easier option available in your state.
Is a 401k considered part of an estate?
It is considered part of the estate for the purpose of determining estate tax. It is owned by the decedent if that person had the right to change the beneficiary up until the moment of his or her death. It may pass outside of a probate estate, however, if there is a valid beneficiary designation. State law should also be considered.
What if your name is not on the deed but your husband left the property to you in his will. Will the property go to you?
Yes. As long as the will was drafted properly according to state laws the court will approve it and the property will pass to the surviving spouse as long as there are no debts that must be paid by selling the real estate. The estate must be probated in order for title to pass to the surviving spouse legally. The property will be subject to any encumbrances that existed prior to your husband's death such as a mortgage.
What if a spouse is left with an estate they can't afford in Georgia?
The estate can be sold or rejected by the spouse. If rejected or declined, it will pass to the heirs next in line of succession or designated by the will.
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 happens in Ohio when the spouse's parents pass leave half interest to the spouse and then the spouse dies and other relatives are after the spouse's interest in the parent's estate?
You, and his descendants, should inherit his estate. His estate includes the inheritance from his parents. There should be no argument about it. Contact a knowledgable probate attorney for assistance.
How do you add a spouses name to a deed and make sure it goes to your child from a first marriage at their death?
You can't do both. You need to consult with an attorney who can review your situation and explain your options. You cannot add your spouse to your property title and also have the property pass to your children upon your death. Once your spouse is added to the title they own their own interest. You should inquire about a life estate. You need legal advice.You can't do both. You need to consult with an attorney who can review your situation and explain your options. You cannot add your spouse to your property title and also have the property pass to your children upon your death. Once your spouse is added to the title they own their own interest. You should inquire about a life estate. You need legal advice.You can't do both. You need to consult with an attorney who can review your situation and explain your options. You cannot add your spouse to your property title and also have the property pass to your children upon your death. Once your spouse is added to the title they own their own interest. You should inquire about a life estate. You need legal advice.You can't do both. You need to consult with an attorney who can review your situation and explain your options. You cannot add your spouse to your property title and also have the property pass to your children upon your death. Once your spouse is added to the title they own their own interest. You should inquire about a life estate. You need legal advice.
Can someone among the heirs transfer deeds since other died but his spouse alive since the property not transfer?
If the decedent owned the property by a survivorship deed with his spouse then the property will become the sole property of the surviving spouse upon his death. If the decedent was the sole owner of the property then his estate must be probated in order for the title to real estate to pass to the heirs legally. The property will pass according to the will once it has been reviewed by the court. If the decedent had no will, their property passes according to the laws of intestacy in their jurisdiction. You should contact an attorney who specializes in probate law in your area.If the decedent owned the property by a survivorship deed with his spouse then the property will become the sole property of the surviving spouse upon his death. If the decedent was the sole owner of the property then his estate must be probated in order for the title to real estate to pass to the heirs legally. The property will pass according to the will once it has been reviewed by the court. If the decedent had no will, their property passes according to the laws of intestacy in their jurisdiction. You should contact an attorney who specializes in probate law in your area.If the decedent owned the property by a survivorship deed with his spouse then the property will become the sole property of the surviving spouse upon his death. If the decedent was the sole owner of the property then his estate must be probated in order for the title to real estate to pass to the heirs legally. The property will pass according to the will once it has been reviewed by the court. If the decedent had no will, their property passes according to the laws of intestacy in their jurisdiction. You should contact an attorney who specializes in probate law in your area.If the decedent owned the property by a survivorship deed with his spouse then the property will become the sole property of the surviving spouse upon his death. If the decedent was the sole owner of the property then his estate must be probated in order for the title to real estate to pass to the heirs legally. The property will pass according to the will once it has been reviewed by the court. If the decedent had no will, their property passes according to the laws of intestacy in their jurisdiction. You should contact an attorney who specializes in probate law in your area.
What happens when a husband does not have his wife on the deed and he dies?
A husband who is the sole owner of real estate should make a will leaving the property to his surviving spouse. However, many do not and some people attempt to disinherit their spouse by leaving their property to others.In most US states a spouse cannot be disinherited. The doctrine of election would provide the spouse with a share of the estate. The surviving spouse who has been left out of the will need only file a claim against the estate and most state laws will provide an intestate share to that spouse.If there is no will, the property will pass to the heirs-at-law under the state laws of intestacy. You can check the laws in your state at the related question link provided below.
Does a daughter in law have any rights on a property when she is the administrater of her husband esate?
You have misstated the situation. Your "daughter-in-law's" status in this situation is as the surviving spouse and the administrator of the estate. She has superior rights in both capacities. Your question should be more accurately stated as, "Does a widow have any rights to property when she is administrator of her husband's estate?" The simple answer is, of course.As the surviving spouse she is entitled to all or part of her husband's estate under the provisions of the laws of intestacy in her jurisdiction if he had no Will. She is entitled to a share even if her husband devised his property to others by his Will. Jointly owned property would automatically pass to her outside of probate.As the court appointed administer of his estate she has the authority to choose an attorney to represent the estate, to settle his estate according to law and distribute the assets after the debts have been paid.
Who determines who gets the estate after my mothers death?
If your mother had a will then that will likely determine where her estate will go after her death. If not, then her estate will pass through intestacy in which the court goes down the family lines (husband, then children, then grandchildren, parents, siblings, etc) until there is someone to give it to. If your mother is still alive, I urge you to talk to her about drafting a will.
What are the distribution of estate funds to a surviving spouse in Virginia?
Virginia Code:64.1-1. Course of descents generally.When any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in parcenary to such of his kindred, male and female, in the following course:First. To the surviving spouse of the intestate, unless the intestate is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case two-thirds of such estate shall pass to all the intestate's children and their descendants and the remaining one-third of such estate shall pass to the intestate's surviving spouse.That means the surviving spouse receives the estate unless the decedent had children that were not also children of the surviving spouse. If there are children from a previous marriage the surviving spouse receives one-third.
What is an unlimited martial deduction in estate planning?
That you can pass over as much as you want, without tax consequences, to your spouse.
What if the estate of one spouse is different from the surviving spouse?
It usually is. Even where the spouses own property jointly, each spouse owns only an undivided half. Whatever is in the decedent spouse's estate will pass according to the decedent's Will, if there was one, or by the laws of intestacy, if there was not, or in accordance with joint tenancy with right of survivorship or a beneficiary designation.
