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Yes. If the parties are legally married, the wife still inherits according to the will or intestacy laws if the husband dies. Only a legal divorce would remove her status as wife.

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βˆ™ 12y ago
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βˆ™ 1w ago

It depends on the laws in the specific jurisdiction where the couple resides. In some places, separated spouses may still be entitled to inherit from each other in the event of death, while in others, separation may impact inheritance rights. It is advisable to seek legal advice to understand the implications in the relevant jurisdiction.

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Q: Does the wife still get money and property if she is only separated and her spouse expires?
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If real property is held by husband and wife as tenants by the entireties does a judgment against one attach to the property?

In a tenancy by the entireties, property is owned by both spouses collectively. Therefore, if a judgment is entered against one spouse, it typically cannot attach to the property held as tenants by the entireties. This is because creditors generally cannot access property held in this manner to satisfy the debt of one spouse.


Is lawsuit money community property?

In general, lawsuit money can be considered community property if it is awarded for losses that would have been community property had the injury not occurred. However, this can vary depending on the circumstances of the case and state laws. It is advisable to consult with a legal professional to determine the specific rules that apply in a particular situation.


Is inheritance money and property safe from legal judgments in the state of Louisiana?

In Louisiana, inheritance money and property are generally protected from most types of legal judgments or creditors. However, there are exceptions, such as if the inheritance is commingled with marital assets or used to purchase joint property with a spouse. It is advisable to consult with a legal professional for specific advice on how to protect inheritance assets.


What are the classification of property in land law?

Property in land law can be classified into real property and personal property. Real property refers to land and anything permanently attached to it, such as buildings. Personal property includes movable items like furniture, vehicles, and money.


What happens to your property if you die in a nursing home. does the nursing home take part of the value of the home?

If you pass away in a nursing home and you were receiving benefits from Medicaid, the state may seek to recover the costs of your care from your estate, which could include your property. This process is known as estate recovery. However, there are rules in place to protect a surviving spouse or certain dependents from losing their home. It's advisable to consult with an estate planning attorney to understand how your property may be affected in such a situation.

Related questions

Can a spouse refinance a sole and separate property in a community property state?

You can refinance your property if a bank agrees to refinance your property. If they find out you are separated, they could choose not to lend you more money.


In the state of California is a separated spouse entitled to any money?

It depends on the court's ruling.


If you inherit money from your parents will your spouse be entitled to it in California?

Generally, inherited property is separate property in a community property state.


Is my spouse entitled to inheritance I received from my parents in California?

Most assets acquired during a marriage in California are considered shared property between you and your spouse, but inheritance is an exception. If you receive inheritance while you are married, your spouse does not have any right to that money as long as you keep it separate from your spouse and your shared property.


Does property purchased beforè marriage become community property?

Generally, no. Unless the other spouse contributed money or labor toward improvements.


What are the legalities. when a spouse unkowingly access money from your account?

Depends of what State. If the incident occurs in a "common law" state; that is to say that property of married persons is considered "joint" property, nothing. If a spouse "unknowingly" accesses money from the account of a "spouse", unless there is a written agreement, such as a prenup or separation agreement, there is no crime. By mere virtue of the fact that the spouse COULD access the money, negates any claim the other spouse could make. "Unknowingly" implies without knowledge. It is not possible to access money "unknowingly", thus I take your meaning to be the identity of the account holder was unknown.


Can a separated spouse receive money from a home insurance claim they refuse to pay on?

Refused to pay on? What type of claim is it? Only the legal owner of the property can receive compensation for a property loss. Homeowners Insurance claims are typically expected to be used to repair the property. It's often paid directly to the contractor performing the repairs so the insured property owners may never actually see the check.


In North Carolina is a spouse entitled to a portion of the other spouse's inheritance?

In general, no. First, North Carolina is not a community property state. Second, in general, inheritance remains separate property, even in community property states, unless the inheriting spouse commingles the assets (mixes the inheritance in with community assets; for example, deposits the money into a joint checking account).


In California if a client gives one spouse a gift of money in appreciation for that spouses work on behalf of the client is that money considered community property?

No. A gift is a gift.


Can adult children take Power of Attorney away from Step-Mother in Florida?

The question is very unclear. I am going to guess that you hold a power of attorney from your spouse, whose mental condition is altered. The spouse's children are concerned that you are looting the property of your spouse and converting their inheritance into your own property. On those facts, they certainly can have your power of attorney revoked, have themselves appointed as guardians of your spouse, and sue you to make you explain what you have done with every penny of the spouse's money that you took up under the power of attorney. If it appears that you took the spouse's separate property (i.e., not marital property) and you cannot show that you spent the money on the care of the spouse, then expect to spend time in prison. Florida protects its senior citizens with as much vigor as a bear protecting its young.


If both your husband and you are on the grant deed and he refinances to pay off the loan with the loan only in his name will the wife still be on the Grant Deed?

Normally a lender will require the spouse who is not borrowing the money to execute a deed transferring the property to the spouse who is borrowing the money. This would normally be accomplished during the escrow process. After the loan process is completed the borrower spouse can execute a new deed to add the other spouse back on. The spouse who is being asked to sign off the deed should beware, understanding that once they sign off he or she no longer owns the property. You want to make sure that you get added back on but the property is subject to the mortgage.


If your spouse inherits money during your marriage in New York state and he files for divorce are you entitled to any of the inherited money?

Wisconsin is a community property state. That means whatever individual property you bring to the marriage, or acquire by an individual gift or inheritance, remains your individual property.