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Your house is titled Joe Smith and Mary Smith Does ownership of the house go automatically to the surviving spouse?
Wiki User
∙ 12y ago
If joe and Mary are married, and the house was bought using "Tenants in the Entirity" (which is the default for married buyers), then yes, the ownership of the house passes to the surviving spouse without any tax consequences. It's a privilege given to married people that single people do not have.
Wiki User
∙ 12y ago
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Why did System of a Down write the song 'System of a Down'?
System of a Down does not have a song titled System of a Down. Their first studio album, however, was titled System of a Down. This is known as a "self-titled" album.
Does Adele have a new song titled 'My Baby'?
Adele is a British music artist. No, Adele does not have a new song titled "My Baby".
Who sang the song titled Susan?
There is more than one song titled "Susan". One version is sung by The Buckinghams.
What female Singer made a song with rakim?
Jody Watley did a song with Rakim titled "Friends" Truth Hurts did a song with Rakim titled "Addictive."
What is the Who's is only political song on the CD titled Who is Next?
We Won't Get Fooled Again is the only political song on The Who's cd titled Who's Next?
In land ownership does land pass to only blood relatives under right of survivorship?
If the land is titled as "right of survivorship" then it would mean that at least 2 people are owners of the property and when 1 of them dies the other(s) automatically own the deceased's share of the property.
Who issues a letter of administration for a car title only in the spouse's name?
If it has to do with the death of the titled owner, a probate court would have to administer the necessary paperwork to change the actual ownership even if a will states that it automatically becomes the other spouses property.
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.
If your mother and stepfather owned a house and your mom died do the stepchildren have any rights to the house on your mother's behalf?
Stepchildren generally do not have automatic rights to inheritance from a stepparent unless named in a will or through specific legal arrangements, as laws vary by jurisdiction. If the stepmother passed away without a will, the laws of intestate succession would determine the distribution of assets, which could include the stepchildren depending on the laws of the state. Consulting with a probate attorney is recommended to understand the specific legal rights in this scenario.
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.
Is a deceased father's ownership rights of a vehicle distributed through probate to his heirs?
The ownership of any vehicle is determined by the titling of said vehicle. If a married couple resided in a community property state and the vehicle was titled in one or both names at the time of the spouse's death, the vehicle belongs to the surviving spouse. In non CP states the probate laws apply, although it is a general rule that at least one vehicle is the property of the surviving spouse. Both situations are based upon the vehicle not having a lien, either for the original loan or other matters. If a vehicle is not owned freely and clearly at the time of the owner's death, the lending contract must be reaffirmed or the vehicle becomes a part of the probate procedure and succession laws apply.
Your spouse died leaving credit card debt in his name only he left you property in another state can creditors attach the property?
Maybe. They would have to apply for a writ of judgment in the other state, perhaps initiate a new lawsuit. That would depend on any agreements concerning such issues between the states involved. The biggest factor is how the land is titled. If the property is titled in the surviving spouse's name only it is not subject to creditor action. If the property was included in the deceased's will, it may become part of the estate,in which case, ownership rights will be decided by the probate court.
What if the spouse who is not on the title pays for the homeowner association fee?
Your answer can only be that the non-titled spouse is paying assessments.
Are you entitled to any of your dads property when he passes if there is no written will?
If you live in the U.S., each state has its own laws on what happens to the property of those who die without a will. They may be titled "descent and distribution" or some similar name in your state's code. In most places, property will go to the surviving spouse. If there is no spouse, the it will be divided among any surviving children. If there is are no children or spouse left, the property goes further up the family tree to the deceased person's parents or siblings. Check your state's laws.
When there is a surviving spouse is the deceased spouse's estate subject to probate in the State of Florida?
Yes. There are some limitation based on the total value of the estate, but if real property is involved, you need the finalization of probate. * Florida allows married couples to hold real estate as Tenancy By The Entirety. When the property is titled TBE it passes directly to the surving spouse and is not subject to probate proceure or creditor attachment if the deceased spouse is the sole debtor.
If your spouse dies without a will and the car was not titled in both names can the surviving spouse or son transfer the title to either of them?
The car becomes part of the estate. The executor of the estate can have the vehicle transferred to the appropriate party as they settle the estate. The estate will also be responsible for eliminating any debt involved, if a balance is owed on the car.
Who is responsible for deceased fiances debt when owing a house together?
Since the couple were not married the surviving person is only responsible for joint debts only. The status of the home ownership depends upon how the property is titled and the terms of the mortgage agreement.
