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When one spouse dies what happens to jointly owned property?
The surviving spouse becomes the sole owner.
When parent dies without will can the adult children take possession of the deceased parent's property and assets in Florida?
That depends on whether your parent was married at the time of death and if yes, whether the surviving spouse is also your parent. If the surviving spouse is not also your parent then the estate will be shared 50/50 with the surviving spouse getting half and the surviving children by a first wife sharing the other half. If the surviving spouse is also your parent then the surviving spouse gets 100%. If there is no surviving spouse the children get 100%.It is likely the estate will need to be probated. You should seek advice from an attorney who specializes in probate matters and who can provide up to date information.https://www.thebalance.com/dying-without-a-will-in-florida-3504952
What is the difference between a surviving spouse and a head of household when it comes to tax filing status?
The main difference between a surviving spouse and a head of household for tax filing status is that a surviving spouse can file as "married filing jointly" for the year their spouse passed away, while a head of household is a filing status for unmarried individuals who provide a home for a qualifying dependent.
Is surviving spouse responsible for medical bills of deceased spouse in Rhode Island and Nevada?
Generally a surviving spouse will only be responsible for debts related to medical expenses of a deceased spouse is he or she has entered into a written contract accepting said responsibility. Rhode Island is not a community property state and therefore the surviving spouse would not, assuming he or she has not agreed in writing to do so be liable for medical bills (hospital, doctors, etc.) incurred for the care of a deceased spouse. Nevada is a community property state, therefore the surviving spouse might be held accountable for such debts. All assets and debts accumulated during a marriage in a CP state are considered to be jointly owned and jointly owed regardless of which spouse is the receipient of a debt or asset.
What are the tax benefits for a married couple filing jointly or a qualifying surviving spouse?
Married couples filing jointly or qualifying surviving spouses may benefit from lower tax rates, a higher standard deduction, and eligibility for various tax credits and deductions.
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 is the process for filing taxes if your spouse passes away?
When a spouse passes away, the surviving spouse can file taxes jointly for the year of the spouse's death. In subsequent years, the surviving spouse can file as a qualifying widow or widower if eligible, or as single. It's important to report the deceased spouse's income up to the date of death and to obtain a Tax ID number for the estate if necessary.
Can jointly owned property be willed to spouse with stipulations?
Property held in a joint tenancy automatically passes to the surviving owner. You cannot attach stipulations to it.
Who is considered next of kin of a deceased person?
Next of kin, if you are not familiar with the term, just means the closest relative. If there is a surviving spouse, that is the next of kin. If there is no surviving spouse, then surviving children or surviving parents, failing that, a surviving sibling, then we go to aunts and uncles, cousins, nieces and nephews.
Can a surviving parent be executor if there are living children?
Yes, that is very common. The spouse is typically the executor of the estate.
If someone dies in Alabama without a will does everything go to the surviving spouse?
Section 43-8-41 ===Share of the spouse:=== The intestate share of the surviving spouse is as follows: (1) If there is no surviving issue (children) or parent of the decedent, the entire intestate estate; (2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate; (3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate; (4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate; (5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter. Section 43-8-42 ===Share of heirs other than surviving spouse:=== The part of the intestate estate not passing to the surviving spouse under section 43-8-41, or the entire intestate estate if there is no surviving spouse, passes as follows: (1) To the issue (children) of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation; (2) If there is no surviving issue, to his parent or parents equally; (3) If there is no surviving issue or parent, to the issue of the parents or either of them by representation; (4) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the other half.
In Indiana is the surviving spouse responsible for repayment of debt when the deceased spouse was the only account holder and could a lien be placed on the home?
No, Indiana is not a community property state. Indiana is a Tenancy By The Entirety state which means jointly owned marital property passes directly to the surviving spouse and is not subject to probate procedure not creditor attachment when the deceased spouse was the sole debtor.
