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.
Yes.
Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.
In Texas, when a spouse dies, the surviving spouse is typically entitled to the house if it was community property or if it was left to them in the deceased spouse's will.
Yes.
No if there is a surviving spouse and the children are grown
You are the surviving spouse and entitle to anything the surviving spouse is entitled to under state and federal laws. You should consult with an attorney who can review your situation and explain your rights and options.
Surviving spouses in Colorado are entitled to property that was shared with the deceased partner, even if no will explicitly says so. The survivor also has the ability to be named as the personal representative of the estate.
First, it depends upon who is named in the 401(k) records as the beneficiary. Second, it depends upon the intestacy and probate laws of the state in which the spouse died, regarding who (if anyone) has the right to challenge the 401(k) designation post mortem.
Typically, the surviving spouse who is living in the home under a probate homestead must maintain the home and pay interest on any mortgage debt. The heirs are liable for reductions in principal. The surviving spouse is not required to insure the home, but if she does, she is entitled to the proceeds for any claim.
You will have to consult the intestacy laws for the state involved. Usually there is a rule that the estate is split evenly and the spouse gets half and the children get half. Consult a probate attorney in your jurisdiction.
If the person was still legally married to the deceased he or she is still considered a "surviving spouse". However, the extent to which claims are made upon the estate of the deceased or the responsibility of the surviving spouse for debts owed by the deceased is determined by state laws and/or the probate court.
If the surviving spouse (or anyone else, for that matter) is listed as the beneficiary, then the beneficiary is entitled to the proceeds. However, if no one else is listed on the account, it may very well wind up in probate (court).