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If the decedent owned any property in his own name the estate must be probated. If all the property was jointly owned then full ownership passed to the surviving spouse and there is no need for probate. If you are unsure you should consult with an attorney who can review your situation.
What else can I help you with?
What is a alien resient surviving spouse entitled to in probate court?
Probate court is used when the dead person has a Will leaving their money or possessions to another person. If the dead person leaves something to their spouse, the spouse will receive it.
Is a spouse responsible for a deceased spouse's car lease if it is in his name only?
A spouse is almost never responsible for the expenses of a deceased spouse. However, if the deceased spouse had money and there will be probate, someone may make a claim against the deceased spouse's money in probate court.
Which is a will that leaves everything to your spouse when you die?
A will that leaves everything to your spouse when you die is commonly referred to as a "simple will" or a "spousal will." This type of will explicitly designates your spouse as the primary beneficiary, ensuring that all assets and property are transferred to them upon your death. It's a straightforward way to ensure that your partner is taken care of and can simplify the estate administration process.
Can an executor be listed as a beneficiary?
Yes, and they frequently are as in the case of the standard husband and wife will, where each spouse leaves the entire estate to the other spouse and names that spouse the executor.
If a married persons dies and leaves everything to his spouse does the parent of the one that died have any rights to anything?
no they don't
Can adult children apply for probate if there is a surviving spouse?
Yes.
Does the surviving spouse have any rights if her spouse leaves the marital home to an adult child in his will in the state of North Carolina?
Yes, you do have rights. According to the section of the North Carolina Statutes provided below a surviving spouse has the right to an elective share of her husband's estate. You should seek the advice of a probate attorney in your area.
When there is a surviving spouse is the deceased spouse's estate subject to probate in the State of Florida?
Yes. There are some limitation based on the total value of the estate, but if real property is involved, you need the finalization of probate. * Florida allows married couples to hold real estate as Tenancy By The Entirety. When the property is titled TBE it passes directly to the surving spouse and is not subject to probate proceure or creditor attachment if the deceased spouse is the sole debtor.
MY HUSBAND RECENTLY DIED. HIS WILL LEAVES HIS ENTIRE ESTATE TO ME. IS IT NECESSARY TO PROBATE HIS WILL?
Probate may be needed it would be best for you to consult a probate attorney.
Do life insurance policies have to be listed in probate?
No if there is a surviving spouse and the children are grown
Is probate necessary if the spouse inherits everything in nc and both names are on the house deed?
Yes, probate would be necessary to insure that all debts are taken care of, the title gets properly transferred and that the appropriate state and federal taxes are paid. Consult a probate attorney in NC for specifics. There may be a short version of probate that can be used.
What happens when a woman is pregnant and her spouse does drugs?
She leaves her spouse.
