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If property was owned by deceased spouse after marriage what is the property rights of the surviving spouse with no will?
In a common law jurisdiction, the surviving spouse may have the right to a portion of the deceased spouse's property through intestacy laws. This varies by jurisdiction, but generally the surviving spouse will receive a portion of the estate, with the remainder distributed to other relatives according to the laws of intestate succession. It's recommended to consult with a lawyer to understand specific rights in your location.
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.
How can you claim a surviving child get property inheritance if there was no will?
In the absence of a will, laws of intestate succession govern property distribution. Typically, surviving children would inherit a portion of the estate based on state laws. The exact distribution would depend on factors such as the number of children, spouse's rights, and other relatives.
What rights do a surviving spouse have if not mentioned in the will?
The rights of a surviving spouse vary by jurisdiction, but generally include the right to claim a portion of the deceased spouse's estate, known as the "elective share." This ensures that the surviving spouse receives a minimum percentage of the estate, regardless of what is stated in the will. Additionally, the surviving spouse may also have the right to certain property or assets owned jointly with the deceased spouse. However, it's important to consult with a legal professional to understand the specific laws and rights applicable in your situation.
Does property left in a will go to the surving spouse?
It depends on the specific details laid out in the will and the laws of the jurisdiction. In some cases, property left in a will may go to the surviving spouse, while in other cases, it may be distributed according to the deceased person's wishes as outlined in the will.
If property was owned by deceased spouse after marriage what is the property rights of the surviving spouse with no will?
In a common law jurisdiction, the surviving spouse may have the right to a portion of the deceased spouse's property through intestacy laws. This varies by jurisdiction, but generally the surviving spouse will receive a portion of the estate, with the remainder distributed to other relatives according to the laws of intestate succession. It's recommended to consult with a lawyer to understand specific rights in your location.
What does it mean by being a surviving spouse where no action for divorce or separation maintenance was pending at the time of decedent's death?
That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.That means you are the surviving spouse and have all the rights of a surviving spouse under federal laws and state laws, especially under the state laws regarding inheritance.
Is biological son entitled to a share of fathers estate when there is no will in the state of Colorado?
You can check your state laws of intestacy at the link provided below. Choose your state then click on "Read the text". Generally in Colorado the distribution of an intestate estate with a surviving spouse and children depends on whether the surviving children are also the children of the surviving spouse.
In Texas if a deceased spouse has named someone other than the surviving spouse does the surviving spouse have any claim under community property?
Property acquired during a marriage is subject to community property laws.A surviving spouse in Texas has other laws that may grant rights in the decedent's estate depending on whether there is a Will or not: Laws of Intestacy and a surviving spouse's Right of Election. You should seek the advice of an attorney who can review your situation and explain your options.https://brazoslawyers.com/widows-right-election-texas/
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.
Is the surviving spouse responsible for the credit card account held solely by the deceased spouse's in Washington State?
Washington State is a community property state, in most instances a surviving spouse is responsible for the deceased spouse's debts depending upon the nature of the debt and how the deceased's estate is handled under state probate laws.
What is the legal position of husband with the regard to a wife's property when she was single?
In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.
What about if one spouse dies in a non community property state?
In a non-community property state, assets acquired during the marriage are typically considered separate property unless they are jointly titled. If one spouse dies, the distribution of their assets will generally follow the deceased spouse's will or, if there is no will, the state's intestacy laws. The surviving spouse may inherit a portion of the deceased spouse's separate property, but this can vary based on the state's laws and whether any children or other heirs are involved. It's advisable for the surviving spouse to consult a legal professional for guidance on their specific situation.
Do children have rights in or to community property if father dies but mother is living?
You need to check your particular state laws. In a community property state each spouse owns a one-half share of the marital property. In some states a spouse can dispose of their interest by their will to someone other than their surviving spouse.Upon the death of one spouse state laws vary on intestate (without a will) inheritance. In some, the surviving spouse inherits their deceased spouse's share if there are children of the marriage. In some the surviving spouse receives only a half of that share if there are children by a former marriage. In Louisiana the share of a deceased spouse in community property passes to their estate if they had children but the surviving spouse can use the property until death or remarriage. If the deceased had no children the community property passes to the surviving spouse.People who own property in a community property state should consult with an attorney about estate planning. If you are a surviving child then you should consult with an attorney who specializes in probate law.
What are Texas laws regarding intestacy?
Texas law can get very specific as to who has an interest in the intestate estate. Generally speaking, Texas is a community property state and therefore distinguishes between community property and separate property. There are different rules for each type of property. All of the community property belongs to the surviving spouse unless there are heirs that are not related to the surviving spouse. If this is the case, then the spouse will receive one half of the estate while the heirs will have the other half to divide among themselves. If there are no surviving children or heirs then the surviving spouse will inherit the separate property as well.The General order for distribution is:(1)spouse(2)children(3)parents(4)brothers and sisters
The father with two children remarried still owning the properties he owned with his first wife who died. Does his second wife inherit a share of the properties?
The answer depends on several factors:How did your parents hold title to their property and/or did your mother leave a will?Was your father the sole owner of the property or did he transfer title to himself and his second wife?Did your father leave a will with provisions for the distribution of the property?If there was no will the property will pass according to your state laws of intestacy and his surviving spouse will be entitled to a share of his real property. In some states his children will be entitled to a share especially if the surviving spouse is not their parent. You can check the laws in your state at the related question link provided below.The answer depends on several factors:How did your parents hold title to their property and/or did your mother leave a will?Was your father the sole owner of the property or did he transfer title to himself and his second wife?Did your father leave a will with provisions for the distribution of the property?If there was no will the property will pass according to your state laws of intestacy and his surviving spouse will be entitled to a share of his real property. In some states his children will be entitled to a share especially if the surviving spouse is not their parent. You can check the laws in your state at the related question link provided below.The answer depends on several factors:How did your parents hold title to their property and/or did your mother leave a will?Was your father the sole owner of the property or did he transfer title to himself and his second wife?Did your father leave a will with provisions for the distribution of the property?If there was no will the property will pass according to your state laws of intestacy and his surviving spouse will be entitled to a share of his real property. In some states his children will be entitled to a share especially if the surviving spouse is not their parent. You can check the laws in your state at the related question link provided below.The answer depends on several factors:How did your parents hold title to their property and/or did your mother leave a will?Was your father the sole owner of the property or did he transfer title to himself and his second wife?Did your father leave a will with provisions for the distribution of the property?If there was no will the property will pass according to your state laws of intestacy and his surviving spouse will be entitled to a share of his real property. In some states his children will be entitled to a share especially if the surviving spouse is not their parent. You can check the laws in your state at the related question link provided below.
In Texas does the step wife have rights to a property in a valid will?
There is no such legal entity as a step-wife. A second wife is the surviving spouse and has rights of inheritance under state laws. A wife who is disinherited by will has the right of election. The surviving spouse can elect to take a statutory share of the testator's estate. That share can be up to one-third of the estate. Texas is also a community property state. A surviving spouse has rights in any property acquired during the marriage. You should consult with an attorney who can review your situation and determine what your rights are under your state laws.
