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Can your kids sell your house if your spouse dies and half is willed to them?
Wiki User
∙ 9y ago
no
Wiki User
∙ 9y ago
It depends on the laws of the state where the property is located and the specific details of the will. Typically, if the spouse leaves their share of the house to the children, they would have a legal right to sell their portion, but they might need approval or cooperation from the surviving spouse or executor of the estate to complete the sale. It's advisable to consult with a real estate attorney to understand the options and legal requirements in this situation.
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What does Az law state when one spouse dies without a will?
In Arizona, if a spouse dies without a will, their assets will typically pass to the surviving spouse. If there are no surviving children or descendants, the surviving spouse will likely inherit the entire estate. If there are children or descendants from a previous relationship, the estate may be divided between the surviving spouse and the children or descendants.
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?
In Idaho, children from a previous marriage are entitled to inherit from their father's estate, unless he purposely disinherited them through a will or trust. The surviving spouse would also have rights to inherit, but the laws may vary depending on the specific circumstances and estate planning documents in place.
Is married spouse entitled to half of inheritance?
The laws regarding inheritance and marital property vary depending on the jurisdiction. In some places, inherited assets may be considered separate property and may not be subject to division in a divorce. It is important to consult with a legal professional to understand how the laws apply in your specific situation.
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.
