There are a number of possible scenarios. If the marriage occurred after the will was written, the court will probably throw out the will and distribute the property according to intestacy laws, which would typically be a split between the two. Consult an attorney in your jurisdiction!
In Ohio, a surviving spouse may have rights to a family allowance, exempt property, and a share of the deceased spouse's estate if there were children from a previous relationship. Depending on the circumstances, the surviving spouse may also have rights to social security benefits or life insurance proceeds.
They have no rights in that particular policy. The proceeds will be paid over to you bypassing probate.
New Hampshire recognizes common law marriage for purposes of probate only. In other words, they recognize a common law marriage at the time of the spouses death to ensure the surviving spouse can receive the inheritance with no issues.
No.
In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without 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.
If your father bequeathed his estate to his second wife, typically, the estate would pass to her heirs upon her death, unless specified otherwise in the will. Since the second wife has a child from a previous marriage who was not adopted, that child may have a claim to the estate, depending on the laws of inheritance in your jurisdiction. You may have rights as a biological child if there are no surviving direct heirs or if the estate is not fully transferred to the wife's heirs. It is advisable to consult with a probate attorney to understand your specific rights and options in this situation.
Typically the spouse inherits the entire estate unless there are children involved.
It will depend partially on the will. If the new spouse is not mentioned, she may be able to elect to take against the will. If there is no law, it will probably be split in half, half going to the spouse and half going to the children. Consult an attorney to protect your rights.
In South Carolina the surviving spouse can file an election to take a share of the husband's estate. The state will grant her a statutory share.
Oklahoma is a dower state. In Oklahoma, the dower rights grant a surviving spouse a one-third interest in the deceased spouse's real estate if they were not conveyed during the marriage. This means that the surviving spouse has rights to a portion of the property, ensuring they have a claim to it after the death of their partner. Curtesy rights, which pertain to the husband's rights in his deceased wife's property, do not apply in Oklahoma.
No. You can only be legally married to one person at a time in the United States. In addition, your "husband" lied on his application for your marriage license or it wouldn't have been issued. He needs to obtain a divorce from his wife before he can marry you. Note that until he does she is his surviving spouse if he should die and she would be entitled to all the legal rights as his surviving spouse including but not limited to rights of inheritance, pension, social security, insurance, etc.No. You can only be legally married to one person at a time in the United States. In addition, your "husband" lied on his application for your marriage license or it wouldn't have been issued. He needs to obtain a divorce from his wife before he can marry you. Note that until he does she is his surviving spouse if he should die and she would be entitled to all the legal rights as his surviving spouse including but not limited to rights of inheritance, pension, social security, insurance, etc.No. You can only be legally married to one person at a time in the United States. In addition, your "husband" lied on his application for your marriage license or it wouldn't have been issued. He needs to obtain a divorce from his wife before he can marry you. Note that until he does she is his surviving spouse if he should die and she would be entitled to all the legal rights as his surviving spouse including but not limited to rights of inheritance, pension, social security, insurance, etc.No. You can only be legally married to one person at a time in the United States. In addition, your "husband" lied on his application for your marriage license or it wouldn't have been issued. He needs to obtain a divorce from his wife before he can marry you. Note that until he does she is his surviving spouse if he should die and she would be entitled to all the legal rights as his surviving spouse including but not limited to rights of inheritance, pension, social security, insurance, etc.