0
What else can I help you with?
How does child support effect a new spouse?
The spouse is not responsible for his/her spouse's child(ren). However, the State can and will intercept tax refunds and place liens on personal and real property to collect unpaid support, even if those assets are jointly held.
Is an estate accounting required even if assets were held in joint tenancy and spouse is only heir?
If all property was jointly owned then ownership automatically passed to the surviving spouse. There is no need to open an estate proceeding.
What about if one spouse dies in a non community property state?
In a non-community property state, assets acquired during the marriage are typically considered separate property unless they are jointly titled. If one spouse dies, the distribution of their assets will generally follow the deceased spouse's will or, if there is no will, the state's intestacy laws. The surviving spouse may inherit a portion of the deceased spouse's separate property, but this can vary based on the state's laws and whether any children or other heirs are involved. It's advisable for the surviving spouse to consult a legal professional for guidance on their specific situation.
If your spouse is sued and loses can the court take jointly held assets to satisfy the judgment?
Yes, if your spouse is sued and loses, the court can take jointly held assets to satisfy the judgment. In many jurisdictions, jointly owned property can be considered part of the marital assets, which may be subject to claims by creditors. However, the specific laws may vary depending on the state or country, and it often depends on whether the debt is related to the spouse's individual actions or is considered a joint responsibility. It's advisable to consult a legal expert for guidance based on your particular situation.
Do spouses have power of attorney in Montana?
Your spouse can probably deal with any property the two of you own jointly, but simply being your spouse does not give your spouse the ability to deal with assets titled solely in your own name, contrary to popular belief and "urban legend."
Can one spouse make a trust deciding what to do with property jointly owned if he dies first?
In general, one spouse cannot unilaterally create a trust that dictates the disposition of jointly owned property upon their death, as both spouses typically have equal rights to the property. The joint ownership often means that the surviving spouse automatically inherits the property, depending on local laws. However, a spouse can create a trust for their individual assets and specify how those assets should be managed or distributed upon their death. It's advisable for couples to discuss their estate planning together to ensure their wishes are clearly reflected in legal documents.
When one spouse dies what happens to jointly owned property?
The surviving spouse becomes the sole owner.
What does community property state mean in death?
In a community property state, assets acquired during a marriage are typically considered jointly owned by both spouses. Upon the death of one spouse, their share of the community property usually passes to the surviving spouse, unless otherwise specified in a will or trust. This means that the surviving spouse retains ownership of the property without the need for probate, simplifying the transfer of assets. However, property owned individually before the marriage or received as a gift or inheritance may not be subject to these rules.
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.
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?
Can a deceased persons spouse sell a jointly owned vehicle without the executor of the will being inovolved?
Yes. Any jointly owned assets do not form part of the deceaseds estate. The assets therefore belongs to the joint owner. This would be true even if the assets was a house.
Is a spouse responsible for the other spouse medical bills?
Yes, even if indirectly. If they are still living, yes, they are jointly responsible. Since they are married, any benefit to one is considered a benefit to the other. If the spouse has passed away, the estate is responsible for the medical bills of the deceased. And since the spouse is normally the recipient of the estate, the bills will affect how much the spouse will inherit. Some of the assets, such as property held as Tenants in the Entirety, becomes the property of the spouse. Other assets may have to be liquidated to pay the bills, including medical expenses and funeral costs.
