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If property was owned by deceased spouse prior to marriage what is the property rights of the surviving spouse with no will?

Typically the spouse inherits the entire estate unless there are children involved.


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.


How can the descendants of deceased children whom committed suicide be excluded from the inheritance if there is no will?

Generally, when a person dies intestate their property descends to their spouse and children. However, in certain states the surviving spouse inherits all the property. In the states where the surviving spouse AND children inherit, the children of any deceased child would take their parent's share. You can check the laws of your state at the related question link provided below.


Your step father died. He and your mother had children together. Who are his next-of-kin and who will inherit his house?

In some states the surviving spouse inherits the property. In other states the property is shared by the surviving spouse and children. Step children are not heirs-at-law unless they were legally adopted. The answer depends on the laws in your state or jurisdiction. You can check those laws at the related question link provided below.


Do children have rights in or to community property if father dies but mother is living?

You need to check your particular state laws. In a community property state each spouse owns a one-half share of the marital property. In some states a spouse can dispose of their interest by their will to someone other than their surviving spouse.Upon the death of one spouse state laws vary on intestate (without a will) inheritance. In some, the surviving spouse inherits their deceased spouse's share if there are children of the marriage. In some the surviving spouse receives only a half of that share if there are children by a former marriage. In Louisiana the share of a deceased spouse in community property passes to their estate if they had children but the surviving spouse can use the property until death or remarriage. If the deceased had no children the community property passes to the surviving spouse.People who own property in a community property state should consult with an attorney about estate planning. If you are a surviving child then you should consult with an attorney who specializes in probate law.


What if your spouse inherits property and then dies does the surviving spouse inherit the property in the state of Maryland?

If there are no wills involved, that is the way it typically works. However, there are often clauses in wills that can affect this.


Does a surviving spouse in Texas have to get surviving children to sign before he sells his home?

That depends on how you and your spouse held title to your property and whether the surviving children are the children of both the decedent and the surviving spouse. You should consult with an attorney.


Does property and estate automatically transfer to the surviving children if the deceased did not have a will in the state of Texas?

In Texas, if a person dies without a will, their property will be distributed according to intestacy laws. This typically means that the property will pass to the surviving spouse and children in varying shares depending on the family situation. If the deceased had no spouse but had children, then the property would likely pass to the surviving children.


When the parents die who inherits the home?

As with nearly anything owned by the estate of a deceased person, the answer will depend upon whether there was a valid will, or upon the laws of intestacy where the property is located. For example, if there is no will, and no surviving parents, the children (or their heirs) might inherit all of the property in equal shares, if that is what the state laws of intestacy say.


What are a wifes rights to property of deceased husband in the state of Missouri?

In the state of Missouri, the wife automatically inherits property of her deceased husband. When either spouse dies, the surviving spouse has an undivided interest in the whole property, and the right to sole ownership.


In Arizona if a husband dies with no will and the house he owns is only in his name who has claim to the house the surviving wife or the minor child?

If the wife is the mother of the surviving child then she inherits the house according to the section of the Arizona code excerpted below: 14-2102. Intestate share of surviving spouse The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse: 1. If there is no surviving issue or if there are surviving issue all of whom are issue of the surviving spouse also, the entire intestate estate. 2. If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent.


In Texas does wife get all if husband die?

The answer is somewhat complicated.Community PropertyAll property acquired during a marriage is presumed to be community property. Under Texas laws, if you are married and are survived by a spouse and children, then:Your surviving spouse will inherit all your community property if all your children are also the children of your surviving spouse;Otherwise, all your one-half interest in the community estate will pass to your children, with your spouse keeping only his or her one-half interest.If you do not have any children, then your surviving spouse will inherit all of your community property.Separate PropertyIf your property is characterized as separate property, the distribution scheme is different:If you are survived a spouse and children, your surviving spouse is entitled to one third of your separate personal property and only a life estate (the right to use the property until his or her death) in one-third of your separate real property. The rest would be inherited outright by the children of the deceased spouse.If you are married but have no children or other descendants, your surviving spouse would be entitled to all the separate personal property. But if you have surviving parents and siblings, the surviving spouse would only be entitled to one-half of the separate real property with the other half passing to the parents, siblings or descendants of siblings in a manner set forth by the statutes.https://texaswillsandtrustslaw.com/2010/10/18/dying-without-a-will-the-texas-intestacy-statutes/