0
What else can I help you with?
Our father died intestate our mother is deceased and father had one child from a prior marriage. How will his estate be distributed?
All your father's children are entitled to an equal share in his estate. You can check the laws of intestate distribution at the related question link provided below.
In the state of Georgia do children from a first marriage have any legal rights to properties owned by their recently deceased father?
If your father died intestate, without a will, you can check out the laws of intestacy for the state of Georgia at the related question below.
What rights do the children of a deceased parent have when it comes to property if the parent did not have a will and was remarried but was sole owner of real estate prior to marriage?
State probate laws determine intestate succession. It would be in the best interest of surviving family members to obtain legal advice or representation to protect any claims they may have in connection with the deceased's estate. Most states have a vested interest in protecting minors. As such, most of the intestate succession laws for this sort of situation have a very specific rule. If the parent has remarried, the property will be divided in half. One half will go to the new wife and the other half will be divided between the children of the previous marriage(s).
Is the last will made before marriage and the executor so named in the will still effective in the state of Texas and what are the rights of surviving spouse with out a will?
In many jurisdictions, a will made prior to marriage is considered void and the intestate laws will be applied. Typically, if there are no issue from the deceased, the spouse will inherit everything. If there are issue, the estate is split between the spouse and the children.
What happens to the assets of a deceased partner in a Colorado common law marriage?
In Colorado, when a partner in a common law marriage passes away, their assets are typically distributed according to the state's laws on intestate succession, which means the assets are divided among the surviving spouse and any children. It is important to consult with a legal professional for specific guidance on this matter.
What is a leverit?
Levirate marriage is a type of marriage in which the brother of a deceased man is obligated to marry his brother's widow, and the widow is obligated to marry her deceased husband's brother
Can you take ownership of a house you and your deceased boyfriend shared if he didn't have children and your name isn't on the deed?
No. Not unless he left the property to you in his will. If he died intestate, or without a will, the property will pass to his heirs at law according to the state laws of intestacy. Legal rights as an heir are acquired by virtue of a valid marriage.
Do children of previous marriages have to sign any type of release forms regarding your estate?
Your spouse's children from a previous marriage have no interest in your estate except under certain circumstances:If you legally adopted themCertain states give them an interest if you die intestate with no other heirs at lawYour own children from a previous marriage are still your heirs at law. They have automatic rights to your estate in many states especially if you die intestate (without a will) and are remarried to someone who is not their mother. With this type of concern, you should arrange a consultation with an attorney who specializes in probate law in your jurisdiction and who can assist you in drafting a will that will carry out your wishes according to state laws. That will make your estate invulnerable to challenges. Estate planning is an important aspect of life.See related question link for intestacy laws in your jurisdiction.Your spouse's children from a previous marriage have no interest in your estate except under certain circumstances:If you legally adopted themCertain states give them an interest if you die intestate with no other heirs at lawYour own children from a previous marriage are still your heirs at law. They have automatic rights to your estate in many states especially if you die intestate (without a will) and are remarried to someone who is not their mother. With this type of concern, you should arrange a consultation with an attorney who specializes in probate law in your jurisdiction and who can assist you in drafting a will that will carry out your wishes according to state laws. That will make your estate invulnerable to challenges. Estate planning is an important aspect of life.See related question link for intestacy laws in your jurisdiction.Your spouse's children from a previous marriage have no interest in your estate except under certain circumstances:If you legally adopted themCertain states give them an interest if you die intestate with no other heirs at lawYour own children from a previous marriage are still your heirs at law. They have automatic rights to your estate in many states especially if you die intestate (without a will) and are remarried to someone who is not their mother. With this type of concern, you should arrange a consultation with an attorney who specializes in probate law in your jurisdiction and who can assist you in drafting a will that will carry out your wishes according to state laws. That will make your estate invulnerable to challenges. Estate planning is an important aspect of life.See related question link for intestacy laws in your jurisdiction.Your spouse's children from a previous marriage have no interest in your estate except under certain circumstances:If you legally adopted themCertain states give them an interest if you die intestate with no other heirs at lawYour own children from a previous marriage are still your heirs at law. They have automatic rights to your estate in many states especially if you die intestate (without a will) and are remarried to someone who is not their mother. With this type of concern, you should arrange a consultation with an attorney who specializes in probate law in your jurisdiction and who can assist you in drafting a will that will carry out your wishes according to state laws. That will make your estate invulnerable to challenges. Estate planning is an important aspect of life.See related question link for intestacy laws in your jurisdiction.
Does the current wife inherit the deceased husband's entire estate if had children from a prior marriage and died intestate?
No! While the laws vary from state to state, most of them will split the estate in two, giving half to the current spouse and half to the children from previous marriages. Consult an attorney in the appropriate state for the laws that will apply.
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.
In the state of Ohio if a spouse dies in a legal common law marriage performed before 1990 will the surviving common law spouse receive what the deceased spouse wishes in the legal will?
Yes. If the will is allowed the common law spouse will receive their devise under the will regardless of the status of the marriage. If the decedent died in Ohio without a will, or intestate, the surviving spouse in a common law marriage perfected before October 1991 would receive a spouses share under the laws of intestacy.
Why aren't deceased persons allowed to marry?
Marriage is a contract. A deceased person does not have the legal capacity to willingly enter into any contracts.
