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What does Az law state when one spouse dies without a will?
What happens if you die without a Will? How will your property in Massachusetts pass to your loved ones? It is often said that if you don't have an estate plan, the State has one for you. Here it is:1) If a person dies with a spouse, and with kindred (relatives) surviving them, (but no children), the spouse is entitled to the first $200,000 and half of the remaining real and personal property. If the personal property is not sufficient to provide the surviving spouse with $200,000, real estate owned by the deceased can be sold or mortgaged to provide for the surviving spouse.If the deceased leaves issue (children, and children, grandchildren, etc. of deceased children), the surviving spouse shall take one half of all real and personal property.If the deceased leaves no issue or kindred, the surviving spouse inherits all of the real and personal property.2) After the surviving spouse's share is distributed, or if there is no surviving spouse, the remaining property is distributed in equal shares to the decedent's issue, by right of representation. If all issue are of the same degree of kindred (i.e., all are grandchildren, or all are greatgrandchildren) they shall share equally.If the decedent leaves no issue, than to his or her mother and father, or the survivor of them.If the decedent leaves no issue and no parents, than the property goes to his or her brothers and sisters, of the issue of any deceased brothers and sisters.If the decedent dies with no issue, parents or siblings then the property is distributed to then to his next of kin in equal degree; but if there are two or more collateral kindred in equal degree claiming through different ancestors, those claiming through the nearest ancestor shall be preferred to those claiming through an ancestor more remote.3) If someone dies with no spouse or kindred, their property shall escheat to the Commonweatlh.Those without a Will may think that their spouse will inherit all of their property upon their death, but as you can see, it is possible that a spouse would only inherit half of the property held in the decedent's name alone, while also providing for distributions to rather distant relatives. Is this how you would want your Will to read?
What is the law of children over a second spouse when parent dies?
The law regarding children and a second spouse when a parent dies can vary depending on the jurisdiction and any existing legal arrangements such as wills or trusts. Generally, children may have rights to inherit from the deceased parent's estate, but this can be influenced by factors like state laws, existing legal documents, and the specific family situation. Consulting with a legal professional is advisable to understand the rights and obligations in a particular scenario.
If father remarried but has children from a previous marriage who is entitled to inherit under Idaho law?
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.
Is married spouse entitled to half of inheritance?
No. A spouse has no legal right to half of an inheritance. In a divorce proceeding the division of property depends on the judge and the laws in your jurisdiction. You need to consult with an attorney in your jurisdiction who can review your situation and explain your options.
Does your spouse get half of your inheritance if yall get divorced?
It depends on the law of your state. In Texas, all property is presumed to be community property, unless you can show by clear and convincing evidence that it is separate. An inheritance is separate property. A spouse cannot be divested of separate property in a divorce. (It can be tapped to pay child support, however.)
Spouse dies with a will that gives to her children. surviving spouse wants to stay in the house. Does he have to sell house in order to pay her children half of the equity or does he get a life estate?
In Texas, the suriving spouse has a life estate and does not have to sell.
What if the house was purchased before you were married are you entitled to half of the house?
In what circumstances? If the spouse dies? If there is a divorce? The laws vary from state to state and based on the situation.
If parents own a house jointly can one parent will their half to a child or does the house go to the surviving spouse?
If the deed says that they own it together with rights of survivorship, it will go to the spouse. Still, even if the one will says that she leaves her half to a child, the entire house will still belong to the surviving spouse if she dies first.
Because of bad credit your name was not added to the mortgage title in California What would your interest be if your spouse should die?
Because of California being a community property state, the non-titled spouse would still be entitled to one-half of the property. The other half could be willed to the surviving spouse.
If a spouse is willed money from a sibling after he or she is married is the other spouse entitled to half?
The money is left to the beneficiary as an individual. The individual can opt to "comingle" the funds, in which case the spouse has rights. If they put it aside into their own bank account--one without the spouse as a co-owner--then the funds belong to them alone. There is no right or wrong choice, except for the spouse to insist.
If you own a house with your spouse and are in the process of getting divorced and the house sold before the divorce do you still split the proceeds?
If both of you signed the deed to the house you are entitled to half. However if your spouse owned the house before you were married it belongs to him.
What happens in Ohio when the spouse's parents pass leave half interest to the spouse and then the spouse dies and other relatives are after the spouse's interest in the parent's estate?
You, and his descendants, should inherit his estate. His estate includes the inheritance from his parents. There should be no argument about it. Contact a knowledgable probate attorney for assistance.
In Arizona if a husband dies with no will and the house he owns is only in his name who has claim to the house the surviving wife or the minor child?
If the wife is the mother of the surviving child then she inherits the house according to the section of the Arizona code excerpted below: 14-2102. Intestate share of surviving spouse The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse: 1. If there is no surviving issue or if there are surviving issue all of whom are issue of the surviving spouse also, the entire intestate estate. 2. If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent.
Mother dies has 2 daughters her husband is step father she leaves no will are they entitled to half of the house?
The husband gets the house.
What happens to Ron Wesley's house in Harry Potter and the Half-Blood Prince film?
it dies
Your spouse and you are unmarried but own a home together you are splitting up who gets the house?
sell the home and you each get half the profet.
If both spouses are on the house deed and one dies can the children go after the house?
That depends on how the property was titled. If the spouses owned as joint tenants with the right of survivorship or tenants by the entirety (as most married couples do) then you have no claim whatsoever. In that case, the property automatically passed to the surviving spouse. If it happens the property was owned as tenants in common then you may acquire an interest in your deceased parent's half along with the surviving spouse providing the parent didn't leave the property to their surviving spouse by will. First check the tenancy on their deed.
