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Does the surviving spouse have the right to live in the spousal home after the death of a spouse?
That depends on whether your spouse left a will and the provisions in the will or if they died without a will (intestate). If your spouse left the home to you in their will the estate must be probated and title will pass to you. If they provided you with a life estate in their will you can continue to live there for the duration of your natural life. If they left it to someone else, their children, you may have a statutory right to a share.
If they died without a will you may have a statutory share under the state laws of intestacy which you can check at the related question link provided below. You need to consult with an attorney who can review your situation and explain your rights and options.
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What are the dower right of wives in Missouri?
In Missouri, dower rights have largely been replaced by statutory rights, specifically the right of a surviving spouse to claim a share of the deceased spouse's estate. Under Missouri law, if a spouse dies intestate (without a will), the surviving spouse is entitled to a portion of the estate, which can be one-half or one-third depending on whether there are surviving children. Additionally, a spouse has the right to elect against a will, allowing them to claim a statutory share instead of what is provided in the will. Overall, these rights ensure that a surviving spouse is financially protected after the death of their partner.
If the surviving spouse dies before he invokes his right of election can his executor act on his behalf?
Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.
Does a Qualified terminable interst property trust qualify for a marital deduction?
A QTIP trust (a.k.a. C trust), which is typically created at the death of the first spouse to die, grants the surviving spouse a lifetime right to the income of the trust (at least annually) while transfering the remainder interest to individual(s) of the grantor's choosing. This qualifies for the unlimited marital deduction even though the spouse does not receive outright access to the assets in the trust. Even though this IS a terminable interest (usually disqualifying the marital deduction), the QTIP will qualify for the unlimted marital deduction since the surviving spouse will be required to include, in his/her gross estate, the fair market value, at the surviving spouse's date of death, the assets of the trust. The assets are taxed later in the surviving spouse's gross estate, but they will pass to the beneficiary of the trust, chosen by the first-to-die-spouse, at the surviving spouse's death.
If a spouse dies and you are separated not legally who has the rights for her property and making funeral decisions the spouse or father of the decease?
Under U. S. law the couple was still legally married at the time of death. The surviving spouse has the right to make decisions regarding the funeral and burial. Generally, the surviving spouse also has a right to inherit property whether the decedent died with or without a Will. The amount may vary in different jurisdictions.
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.
Will says everything in the house belongs to the surviving spouse Does executor step-son have a right to include items as part of the estate to be sold since items were acquired before the marriage?
No. Regardless of when the items were acquired, the Will leaves them to the surviving spouse. They now belong to the surviving spouse.
When a man and wife are separated and the man is paying court ordered spousal support if the man dies is his wife still intitiled to any share of his estate?
If the couple was still married at the time of the death then the surviving spouse has a right to a portion of the estate under the state laws of intestacy. You can check the laws in your state at the related question link provided below.
My father died in 2003 and named a son as executor. Can his surviving spouse transfer ownership of their home to only one son and remove other son as a beneficary after her death?
If the property was owned by the parents with a right of survivorship then title passed automatically to the surviving spouse bypassing probate. In that case the property is the sole property of the surviving spouse. She can convey it to anyone she chooses or she can leave it in her will to whoever she chooses. That property is not under the control of the executor.
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.
In TN If a will leaves property to adult children can they kick surviving spouse out if it is there primary home?
You cannot disinherit your spouse in Tennessee. The surviving spouse has the legal right to claim a share of the estate. You should consult with an attorney who can review your situation and determine what your options are.
Spouse has been dead less than a year. Can property owned tenants by the enterities with right of survivorship be sold?
Yes. Property held as tenants by the entirety becomes the sole property of the surviving spouse bypassing probate. It can be sold by the surviving spouse.
What happens to jointly owned property in a non-community property state in the event of the death of a spouse?
If the real property is owned as tenants by the entirety or joint tenants with the right of survivorship the interest of the decedent automatically passes to the surviving spouse and they need to do nothing except record a death certificate in the land records.
