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That depends on state laws of intestacy and those laws vary from state to state. In some states the surviving spouse takes it all. In some states the spouse and children share. In some states the spouse takes it all unless there are children of the decedent who are not her/his children. You can check the laws of intestacy for your state at the related question link provided below.
What else can I help you with?
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.
What rights do you have to your fathers estate in Texas when there is no will and he has remarried?
The community property will be split in half, half for his spouse and the other half for his children. The separate property, if any, will go to the children, with 1/3rd going to the spouse. And the spouse will have a life estate in 1/3rd of all real property with the remainder to the children.
What rights does a surviving spouse in have in Ohio if the deceased had no estate?
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.
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.
If a spouse quitclaims a property in California do they have any community property rights to it at all?
no there are no rights
What rights does a second husband have to deceased wife property?
If the property is owned by a valid trust it is not part of the decedent's estate. The purpose of the trust was to protect and preserve the property for the children. The second wife has no rights in the property.
Can a mother make a claim on her adult child's property if she has contributed to it financially as a gift?
No. A gift doesn't give her rights in the property.If the adult child dies her spouse and children will be her legal heirs at law. Her parents would be her legal heirs only if she had no spouse or children or will.No. A gift doesn't give her rights in the property.If the adult child dies her spouse and children will be her legal heirs at law. Her parents would be her legal heirs only if she had no spouse or children or will.No. A gift doesn't give her rights in the property.If the adult child dies her spouse and children will be her legal heirs at law. Her parents would be her legal heirs only if she had no spouse or children or will.No. A gift doesn't give her rights in the property.If the adult child dies her spouse and children will be her legal heirs at law. Her parents would be her legal heirs only if she had no spouse or children or will.
Incarcerated husband property rights spouse?
The spouse of an incarcerated husband has all rights over their property. This is only if the two people are legally married.
What are a father's parental rights in Louisiana?
The laws of intestacy in Louisiana are unique. If you die without a will in Louisiana the laws of intestacy will distribute your property to your spouse and children. The division of the property depends on whether the property is separate property or community property. Community property is property that was acquired by a married couple during their marriage. Separate property is property that was inherited, owned before marriage, or gifts. Generally, the spouse receives no separate property. It passes to your children or grandchildren. The surviving spouse receives none of the decedent's share of the community property if the couple has children. Your community property will go first to your children. If you do not have children, your spouse will receive your community property. This comment addresses spouse and children only. For the full picture of intestacy in Louisiana an internet search will provide numerous articles and sites that discuss the details.
What rights does a person have in the property when the spouse has a life estate?
A life estate gives the spouse the right to possess and use the property during their lifetime. The spouse has limited rights to alter the property or pass it on in their will, as the ownership reverts to the remainderman upon their death. The remainderman has a future interest in the property and will gain full ownership upon the spouse's death.
Can you quick claim property from your name to another person even though you are married?
You can quit claim your rights to the property. However, that doesn't quit claim your spouse's rights to the proprty. Once married the spouse in most states has rights to the property.
What does it mean when your ex spouse is divested of all rights to your property?
When your ex-spouse is divested of all rights to your property, it means that they no longer have any legal claims or ownership rights to the assets or property that belong to you. This typically occurs through a legal process such as a divorce settlement or court order, where the rights of the ex-spouse are legally terminated.
