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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.
What does Issuance Of Letters Testamentary mean?
Issuance of Letters Testamentary is a legal document issued by the court that authorizes the executor or personal representative to administer the estate of a deceased person according to their will. It gives the executor the legal authority to manage the deceased person's assets and carry out their wishes as outlined in the will.
Does a parent of the deceased or the kids of the deceased get the ashes?
In most cases, the ashes of a deceased individual are typically given to the next of kin, which is usually the spouse or children. If there is no spouse or children, the ashes may go to the parents or other close relatives, depending on the deceased's wishes and local laws. It's important for families to discuss and document their preferences regarding ashes in advance to avoid conflicts. Ultimately, the distribution of ashes can vary based on individual circumstances and legal considerations.
Is the family allotted money from a deceased account?
It depends. a. If the deceased individual has a legal will, the people mentioned in his will, will be given the money from his account b. If he does not have a legal will, then his legal heirs (spouse and/or children) will be given the money from his account c. If he does not have any spouse or children, then the remaining family members will be given the money
In the state of Ohio if a spouse dies in a legal common law marriage performed before 1990 will the surviving common law spouse receive what the deceased spouse wishes in the legal will?
Yes. If the will is allowed the common law spouse will receive their devise under the will regardless of the status of the marriage. If the decedent died in Ohio without a will, or intestate, the surviving spouse in a common law marriage perfected before October 1991 would receive a spouses share under the laws of intestacy.
Is a spouse next of kin in SC?
Yes, a spouse is considered next of kin in South Carolina. They have legal rights to make medical decisions and manage the estate of their deceased spouse.
What makes you a legal personal representative?
It may depend on the situation being referred to. A legal personal representative could be an individual acting under a Power of Attorney issued by by the grantor. - or - A legal personal representative could refer to the individual acting under the authority of the probate court as the Executor of an estate .
How do you find out if your in a will?
When you are a beneficiary in a will you are contacted by the executor of the will as it is their legal duty to carry out the wishes of the deceased and to show that all wishes have been met to the court before they can receive their payment
Does a surviving spouse need power of attorney to manage the affairs of their deceased partner?
Yes, a surviving spouse may need power of attorney to manage the affairs of their deceased partner, depending on the specific circumstances and legal requirements in their jurisdiction. It is advisable to consult with a legal professional for guidance in such situations.
Who has the right to make the final decision when a common-law spouse dies regarding traditional burial or cremation the common law spouse or the deceased family members?
In the case of a common-law spouse's death, the right to make the final decision regarding burial or cremation typically depends on the specific laws of the jurisdiction and any documented wishes of the deceased. If the deceased left a will or expressed preferences regarding their remains, those wishes should generally take precedence. If there are no clear directives, the common-law spouse often has the primary legal standing to make decisions, but family members may also have a say, leading to potential disputes. Ultimately, local laws and any agreements between the parties will influence the final decision.
Who legally owns ashes after cremation family or spouse?
there is no relevant section in law that determine who owns the ashes of the deceased, however, one would assume that the same legal principal applies regarding the deceased's property. if the deceased was married at time of death, the wife is entitled to keep the ashes at her own will, or may delegate ownership to the parental figures in question, or any person who she permits to have the ashes.
Is a will filed in the town a person lived?
A will should be filed in the probate court of the county where the person resided at the time of their death, not necessarily the town where they lived. This is typically done to ensure that the correct legal procedures are followed for administering the estate according to the deceased person's wishes.
