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If a married woman with three children dies intestate how would her property be distributed?
Wiki User
∙ 14y ago
" If there is no will , the procedure used for transferring property the deceased propert to his/her heirs is called Intestate succession. In the state of California the rules for dividing property are complex and dependent upon the relationship of kin: separate property: if the decedent has no will and leaves a spouse and one child, property is divided equally, 50-50. if there is a surviving spouse and two children, 1/3 goes to the spouse and 2/3 to the children. if there is no surviving spouse, property is divided qually among the children."
Wiki User
∙ 14y ago
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What happens if a person dies without a will?
If someone dies intestate in England and Wales there is a complex matrix of who gets the estate, designed to satisfy the probable wishes of the deceased. Basically, if you are married your spouse gets the first big chunk with the rest going to your children if you have any. If you are not married it will be divided equally among your children, if you have no children, then your parents, if no parents, your siblings. The list goes on until you have run out of potential relatives. If no relatives can be traced whatsoever then the estate will pass to the Crown.
Who has legal rights if my fiance deceases myself or his adult children?
Your "fiance's" children are his legal next of kin. If he dies intestate they will inherit his property under the state laws of intestacy. If he writes a will and leaves property to you, the will must meet any statutory requirements for disinheriting children. Otherwise the children may be able to make a claim. You have no other legal rights unless you are married.
What happens when a married person dies and leaves no will?
Generally, when a married person dies intestate (without a will) any interest in property held with the spouse as joint tenants with the right of survivorship, or tenants by the entirety, automatically passes to the spouse. Any individually owned property passes according to the laws of intestacy. Those general rules govern non-community property. Property is distributed differently in community property states. See the related question below for a link to state by state intestacy laws.
Can estranged husband claim on intestate if his name is still on house deeds?
An estranged husband is married and he has all the rights of a surviving spouse if his wife dies. He will inherit an intestate estate according to the laws in the jurisdiction. He will become the sole owner of any property owned by survivorship with his wife if she dies.
Can a daughter inherit the property of the person who married her widowed mother?
If that person had legally adopted the daughter then she would be his legal heir. Otherwise the only way she could inherit his property would be by his will and she would not be considered as next of kin if he died intestate.
Do biological children have ownership of a house after their Mother dies and their Mothers name was on the Warranty Deed of the house?
If mother was the sole owner of the property and was married at the time of her death, her spouse would inherit an interest in the property. Her children may also receive a share by law. The scheme for inheritance of intestate property varies from state to state. If mother died intestate (without a will) her estate must be probated in order for title to the real estate to pass to her heirs. You could check the laws of your state at the link in the related question below. If mother owned the property with her spouse as joint tenants with the right of survivorship or as tenants by the entirety then full ownership would automatically pass to her spouse. You can check her deed in the land records where she lived.
If a Sikh is married and has relationship with other women and have children from her do they have any right on his property?
Yes they do have the right over property.
You are married to a man that has grown children from a previous marriage and he dies do they have any rights to property?
If the man died intestate in any state, the state has rules for dividing his property after debts are paid ( the first purpose of the probate law is to pay debts, then you got an estate to divide) each state is slightly diffierent, but generally, the living spouse is entitled to a certain interest, or division of his property after debts are paid, and then his children or their heirs. Next, frequently forgotten when people with spouses die and die intestate, is the spousal 'years support' provission which provides for special treatment for one year for the widow or widower. Each state is diffiernet...each state is diffierent. and if he had a will, it depends on what he wrote on his will.
Cohabitation as man and wife in the state of Virginia if the woman dies can the man take the wife's home?
In Virginia a couple cannot acquire marital rights by living together. If the couple is not married then her children would be her next of kin and would inherit her property if she died intestate. To determine who would inherit your mother's property you can check the laws of intestacy for Virginia at the related question below.
When surviving parent is declared incompetent and there is no will left by deceased parent does it go to state or to children?
The legal phrase for this situation is dying "intestate," and the laws of that particular state will have to be followed. Whether the surviving spouse is "incompetent" or not, is probably immaterial. If they were still legally married, or this is a 'community property' state, or they owned property and assets as a married couple (known by a variety of legal descriptions in various states) then the surviving spouse would probably inherit before the children did. If LEGALLY declared incompetent the probate court would probably appoint a 'trustee' to administer the surviving spouse's inheritance.
Who is Next of kin mother or brother when there is no will?
Generally, if the decedent was not married and had no children the parents are the legal heirs in an intestate estate. You can check the laws of intestacy in your state at the related question link provided below.
Your brother's will has been found from before he got married. He was married 9 years until he died. Is the old will any good?
Portions of his will may still apply. However, his widow is entitled to an intestate share of his estate before any other legacies are distributed. You need to have the situation reviewed by an attorney who specializes in probate in your area.
