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Typically, the surviving spouse who is living in the home under a probate homestead must maintain the home and pay interest on any mortgage debt. The heirs are liable for reductions in principal. The surviving spouse is not required to insure the home, but if she does, she is entitled to the proceeds for any claim.
What else can I help you with?
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 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.
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 a spouse dies but leaves the property in a will to someone else what happens?
"Someone else" gets the property. The surviving spouse can certainly contest the will. And there may be specifics in the state that entitle the surviving spouse to a portion of the real property, or a life estate in real property. Consult an attorney licensed in the state in question.
If the widow of the deceased remarries is she still entitled to his estate if their are legal heirs involved?
Generally, if she was married to the decedent at the time of death then she is entitled to a portion of the estate as the surviving spouse.
Can i collect a deceased parent's pension that he was eady collecting?
Whether or not you can collect your deceased parent's pension depends on the specific policies of the pension plan. In some cases, a surviving child may be eligible for a portion of a deceased parent's pension, while in others, only a surviving spouse or dependent may qualify. You should contact the pension plan administrator or consult a legal professional to understand your rights and eligibility.
Can an ex wife put a lien on her ex husband's inherited property from deceased mother?
Let me see if I've got this right... the ex-husband inherited property from his deceased mother. If the ex-wife has no claim to that property, she cannot put a lien on that property. Now if she were awarded a portion of that property in the settlement, and agreed to sell her portion to her husband, she could retain a lien on it until it was paid off, but I'm not getting the impression that's the case here. Basically, if it was never yours to begin with, you have absolutely no justification to try putting a lien on it.
Can surviving spouse receive the pension?
In many cases, a surviving spouse may be eligible to receive a portion of their deceased spouse's pension benefits. The exact amount and eligibility criteria will depend on the pension plan's rules and the specific circumstances. It's important to check with the pension plan administrator.
Can my deceased father's beneficiary who has dementia let her power of attorney not help pay for funeral expenses?
Your father's estate is responsible for paying the funeral expenses from his assets. The expenses and debts of the estate must be paid before any distribution is made to any of the beneficiaries. Therefore the funeral expenses must be paid before the beneficiary receives her portion from the estate.
What is statutory share under the state law of intestacy what does that take care of?
Intestacy is in regards an estate for a deceased person who had property greater in value than their debts and the deceased doesnÕt have a will. In the US each state has their own guidelines when it comes to probate and estate check with the county of where the deceased passed for info.
How can you claim a surviving child get property inheritance if there was no will?
In the absence of a will, laws of intestate succession govern property distribution. Typically, surviving children would inherit a portion of the estate based on state laws. The exact distribution would depend on factors such as the number of children, spouse's rights, and other relatives.
If a will was written prior to marriage what rights does a surviving spouse have?
In most US states, a surviving spouse can elect against the decedent spouse's will, meaning that the suriving spouse has the right to receive a specified portion of the decedent spouse's estate. That portion may depend on how long they've been married and whether the decedent spouse has any children, inter alia.
