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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.
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What percentage of the proceeds is due to the wife when a property is sold?
If the property is owned jointly, the wife is entitled to 50% of the proceeds.If the property is owned jointly, the wife is entitled to 50% of the proceeds.If the property is owned jointly, the wife is entitled to 50% of the proceeds.If the property is owned jointly, the wife is entitled to 50% of the proceeds.
In Illinois can joint tenants who are also heirs intestate be required to sell the jointly owned property to pay the debts of the deceased?
Generally, jointly held property passes automatically to the surviving joint owner. It does not become a probate asset so it is not exposed to creditors. However, the situation changes if the creditor attached the property prior to the death of the debtor. Creditors can attach jointly held property while the debtor is living but if a creditor fails to attach prior to the death of the debtor then the property passes to the surviving joint tenant and the creditor is out of luck.
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 rights do biological children have in the estate of a deceased parent?
Biological and legally adopted children generally have the same rights in their parent's estate if their parent dies intestate, or, without a will. Children do not inherit an interest in property that was held jointly with a surviving spouse. However, they may inherit an interest in property held solely by the decedent. You can check the laws of intestacy in your state in the related question below.
If the deceased owed the IRS can the IRS garnish the surviving widow SS survivor benefits?
Generaly not unless there is a jointly filed return. There are special circumstances ie. community property states and transfers of estate property to the surviving spouse.
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.
In the State of Florida is the husband responsible for credit card debt that belonged solely to his deceased wife?
No, Florida is not a community property state therefore debts not jointly incurred belong solely to the person who holds the account. In Florida married couples are generally presumed to hold jointly owned property as Tenancy By The Entirety (TBE) which makes such property exempt from creditor action when only one spouse is responsible for the debt.
In Indiana is the surviving spouse responsible for repayment of debt when the deceased spouse was the only account holder and could a lien be placed on the home?
No, Indiana is not a community property state. Indiana is a Tenancy By The Entirety state which means jointly owned marital property passes directly to the surviving spouse and is not subject to probate procedure not creditor attachment when the deceased spouse was the sole debtor.
What is jointly owned holiday property called?
timeshare
What happens if family member doesn't have life insurance and dies In the state of Ohio?
The spouse of a deceased person is only responsible for said person's debts if the couple resided in a community property state or if the debts were jointly incurred.
Who receives your deceased father's share of your deceased grandmother's estate when he and his two siblings were left her house in the state of Pennsylvania?
It really depends upon the contents of a will and how the property is titled under the wording of the deed. Generally property held jointly passes directly to the other owners and is not subject to probate action. In a case such as noted, the deceased share of the property will likely be passed automatically to the surviving owners under the state's Joint Tenants With Right of Survivorship (JTWRS) laws.
In Michigan is the wife responsible to pay fitness membership debt for her deceased husband?
No, not if the contract was not jointly made.
