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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.
Can a surviving spouse negotiate final payment on a home equity loan that they were not a borrower for?
Yes, however, the answer depends on specific situations associated with the partnership/marriage and the state in which they live in. If the state is a communal property state and the surviving spouse that is not a borrower had ANY benefit from the loan, that spouse owes the money as a borrower (despite not being a borrowing party on the loan). In this case, if the surviving spouse is not in a position to pay for the loan, a negotiation would be warranted soon after the (within a month or two of) deceased spouses death. If the state is a non-communal property state, the estate of the deceased spouse will first be looked to in order to provide the funds to pay off all debts. If there are enough assets to cover the debt, the loan will be paid in full, regardless of the surviving spouse's wishes as the lender's rights come before those that may be beneficiaries to any estate proceeds. If there are not enough assets to cover the loan, the lender may look to liquidate the asset (the surviving spouse's home) in order to satisfy the debt. If the home is NOT in the surviving spouse's name (either through joint tennancy or named ownership), the surviving spouse may not be able to intervene.
In Florida what rights does a child have to a deceased father's house if there was no will and his girlfriend is a joint mortgage holder?
You have some rights to inherit your fathers property - if it is his property and in his name - and the girlfriend may have part ownership or should have if she has been paying on it. See a lawyer. * When a person dies without a will the deceased property and asssets are distributed in accordance with the state's probate succession laws. Ownership is real property is determined by how the property is titled the names on the mortgage agreement only indicate who is responsible for the debt. The wording of the property deed determines whether or not the property is subject to probate procedure and partitioning.
Your spouse died leaving credit card debt in his name only he left you property in another state can creditors attach the property?
Maybe. They would have to apply for a writ of judgment in the other state, perhaps initiate a new lawsuit. That would depend on any agreements concerning such issues between the states involved. The biggest factor is how the land is titled. If the property is titled in the surviving spouse's name only it is not subject to creditor action. If the property was included in the deceased's will, it may become part of the estate,in which case, ownership rights will be decided by the probate court.
What happens if a couple divorce and husband's name is not on mortgage documents or deeds?
If the property was purchased in a community property state during the marriage and the husband did not waive his rights, he may have ownership rights to the property. If not, then he may not have an ownership interest in the home. Either way, he does NOT have financial responsibility for the mortgage debt unless otherwise ordered by a court. It is possible for someone to have ownership rights to a home and no legal liability for its financial encumbrances.
Is Oklahoma a dower or curtsy state?
Oklahoma is a dower state. In Oklahoma, the dower rights grant a surviving spouse a one-third interest in the deceased spouse's real estate if they were not conveyed during the marriage. This means that the surviving spouse has rights to a portion of the property, ensuring they have a claim to it after the death of their partner. Curtesy rights, which pertain to the husband's rights in his deceased wife's property, do not apply in Oklahoma.
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 rights does a surviving spouse in have in Ohio if the deceased had no estate?
In Ohio, a surviving spouse may have rights to a family allowance, exempt property, and a share of the deceased spouse's estate if there were children from a previous relationship. Depending on the circumstances, the surviving spouse may also have rights to social security benefits or life insurance proceeds.
What are Oregon laws on surviving spouse and property?
In Oregon, when a spouse dies, the surviving spouse generally has rights to inherit property under the state's intestacy laws if the deceased did not leave a will. If there is a will, the surviving spouse may still have rights, particularly if they are omitted or if the will does not provide for them adequately. Oregon also recognizes community property laws, meaning that most property acquired during the marriage is owned equally by both spouses. Additionally, the surviving spouse may have the right to claim a "spousal elective share" to ensure a minimum inheritance, regardless of the will's provisions.
After ten years together the man dies so does his companion have any legal rights to his property?
You have no right to your deceased partner's property unless you are the surviving spouse or unless he left a will with you as his beneficiary. Marriage creates a legal status that bestows hundreds of rights on the parties. If there is no marriage then legal documents such as wills and health proxies become extremely important as the only other way to acquire legal rights.
What are a wifes rights to property of deceased husband in the state of Missouri?
In the state of Missouri, the wife automatically inherits property of her deceased husband. When either spouse dies, the surviving spouse has an undivided interest in the whole property, and the right to sole ownership.
What are Colorado laws on surviving spouse and property?
Surviving spouses in Colorado are entitled to property that was shared with the deceased partner, even if no will explicitly says so. The survivor also has the ability to be named as the personal representative of the estate.
Does property and estate automatically transfer to the surviving children if the deceased did not have a will in the state of Texas?
In Texas, if a person dies without a will, their property will be distributed according to intestacy laws. This typically means that the property will pass to the surviving spouse and children in varying shares depending on the family situation. If the deceased had no spouse but had children, then the property would likely pass to the surviving children.
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.
Who has legal rights over deceased spouse if surviving spouse remarries?
The surviving spouse has legal rights regardless of whether he/she remarries after the death of his/her spouse.
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.
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.
