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No. A prudent buyer will want proof that you are the owner of the real estate. If you owned the property as joint tenants with the right of survivorship with your husband the only proof that you are the surviving owner is a death certificate or a probate proceeding allowed by the probate court. You need to record a death certificate in the land records to clear the title. In some states you also need to record some proof there are no inheritance taxes due.
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Are you the surviving spouse even if you were not cohabiting with your spouse at the time of death?
IF you were legally married then you are the surviving spouse whether or not you had lived together at the time of his death
When parent dies without will can the adult children take possession of the deceased parent's property and assets in Florida?
That depends on whether your parent was married at the time of death and if yes, whether the surviving spouse is also your parent. If the surviving spouse is not also your parent then the estate will be shared 50/50 with the surviving spouse getting half and the surviving children by a first wife sharing the other half. If the surviving spouse is also your parent then the surviving spouse gets 100%. If there is no surviving spouse the children get 100%.It is likely the estate will need to be probated. You should seek advice from an attorney who specializes in probate matters and who can provide up to date information.https://www.thebalance.com/dying-without-a-will-in-florida-3504952
If a spouse dies and you are separated not legally who has the rights for her property and making funeral decisions the spouse or father of the decease?
Under U. S. law the couple was still legally married at the time of death. The surviving spouse has the right to make decisions regarding the funeral and burial. Generally, the surviving spouse also has a right to inherit property whether the decedent died with or without a Will. The amount may vary in different jurisdictions.
My father died in 2003 and named a son as executor. Can his surviving spouse transfer ownership of their home to only one son and remove other son as a beneficary after her death?
If the property was owned by the parents with a right of survivorship then title passed automatically to the surviving spouse bypassing probate. In that case the property is the sole property of the surviving spouse. She can convey it to anyone she chooses or she can leave it in her will to whoever she chooses. That property is not under the control of the executor.
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.
Who has legal rights over deceased spouse if surviving spouse remarries?
The surviving spouse has legal rights regardless of whether he/she remarries after the death of his/her spouse.
In Texas does wife get all if husband die?
The answer is somewhat complicated.Community PropertyAll property acquired during a marriage is presumed to be community property. Under Texas laws, if you are married and are survived by a spouse and children, then:Your surviving spouse will inherit all your community property if all your children are also the children of your surviving spouse;Otherwise, all your one-half interest in the community estate will pass to your children, with your spouse keeping only his or her one-half interest.If you do not have any children, then your surviving spouse will inherit all of your community property.Separate PropertyIf your property is characterized as separate property, the distribution scheme is different:If you are survived a spouse and children, your surviving spouse is entitled to one third of your separate personal property and only a life estate (the right to use the property until his or her death) in one-third of your separate real property. The rest would be inherited outright by the children of the deceased spouse.If you are married but have no children or other descendants, your surviving spouse would be entitled to all the separate personal property. But if you have surviving parents and siblings, the surviving spouse would only be entitled to one-half of the separate real property with the other half passing to the parents, siblings or descendants of siblings in a manner set forth by the statutes.https://texaswillsandtrustslaw.com/2010/10/18/dying-without-a-will-the-texas-intestacy-statutes/
What happens to jointly owned property in a non-community property state in the event of the death of a spouse?
If the real property is owned as tenants by the entirety or joint tenants with the right of survivorship the interest of the decedent automatically passes to the surviving spouse and they need to do nothing except record a death certificate in the land records.
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.
Who is responsible for a leased vehicle when the person dies if there was no cosigner but there is a surviving spouse?
If the married couple lived in a community property state at the time of the spouse's death, the surviving spouse may be responsible for the lease debt even if she was not an account holder. If the couple did not live in a community property state the creditor will be required to file a claim against the estate of the deceased to try to recover the debt.
What is the surviving spouse eligible for after a death?
life insurance payouts
When the surviving spouse obtains ownership as surviving tenant by the entirety what happens to the property upon their death?
When a tenant by the entirety dies the survivor becomes the sole owner of the property. When they die it passes according to their will or to their heirs-at-law under the state laws of intestacy.
