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What happens upon death of spouse that is named on the deed of property?
Wiki User
∙ 11y ago
India
The spouse is the legal inheritor along with the children but after clearing all liabilities if any exist.
United States
Generally, married couples hold property as tenants by the entirety or as joint tenants with the right of survivorship if a professional drafted their deed. That means that when one dies their interest passes automatically to the Survivor with no need of probate.
If for some reason the property was held as tenants in common, the decedent's half would pass according to the terms of their will or pass to their heirs-at-law under the state laws of intestacy. In that case their estate would need to be probated. You can check your state laws at the related question link provided below.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoIf the deed has a survivorship clause then the decedent's interest automatically passes to the survivor. If not, the decedent's interest passes to his/her estate.
If the deed has a survivorship clause then the decedent's interest automatically passes to the survivor. If not, the decedent's interest passes to his/her estate.
If the deed has a survivorship clause then the decedent's interest automatically passes to the survivor. If not, the decedent's interest passes to his/her estate.
If the deed has a survivorship clause then the decedent's interest automatically passes to the survivor. If not, the decedent's interest passes to his/her estate.
Wiki User
∙ 14y agoWiki User
∙ 10y agoGenerally it passes to the husband. If he predeceased her, it will be disposed of according to the terms of her will. If she died intestate, State law will determine the disposition.
Wiki User
∙ 13y agoIf the deed has a survivorship clause then the decedent's interest automatically passes to the survivor. If not, the decedent's interest passes to his/her estate.
Wiki User
∙ 8y agoYou need to review the document that crested the life estates. It should state who gets the property when the life estates are extinguished.
Wiki User
∙ 8y agoThe remainderman is the person who gets it. If the remainderman is no longer living, the property will follow the will or the intestacy laws.
Wiki User
∙ 9y agoAny living heirs.
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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.
Is there a law according to which father has distribute his property equally among all his sons?
I don't know what country you're talking about but there is no such law in the US. When a person dies, his or her property will be left to whomever is named to receive the property in the will. if there is no will, the property will go to the spouse. If there is no spouse, the property will be inherited equally by all children of the deceased. If there are no children, no spouse, and no will, then I'm not sure.
Are you responsible for your spouse's credit card debt after his death in the state of California?
In community property states a married couple are considered to own all property equally and be responsible for all debts equally that are accrued during the marriage regardless of which spouse is named as the debtor. This however, is not a "done deal" as the surviving spouse may have some recourse after the deceased spouse's estate (if any) has been probated. His or her estate would consist of property and/or assets acquired before the marriage and other such matters as deemed applicable by the probate court.
Why are both spouses required to be on the property deed but not on the refinanced mortgage loan and who would be responsible upon the death of one spouse?
The deed to property and the wording of the deed establishes ownership. If a married couple does not reside in a community property state it is very important that both spouses be on the deed with the correct ownership status noted. In a case of death where only one spouse is listed on the financial agreement but both are named on the deed the probate laws apply. If the surviving spouse wishes to retain the property and he or she is not a co-buyer they will most likely be required to reaffirm the mortgage with the lender if the mortgage was not protected by insurance.
What if no beneficiary is named on a life insurance policy and they have a spouse what happens?
If an insured has a policy where there is no named beneficiary, or the named beneficiary is deceased, then the benefit will be paid to the insured's estate.
In Tennessee is a surviving spouse responsible for the deceased spouse's debts if there is no estate?
Tennessee is not a community property state, if the surviving spouse was not a joint debtor he or she is not responsible for debt incurred by the decedent. The exeption would be, if there is a home that is encumbered by a mortgage and/or loan the surviving spouse will have to continue the agreement whether he or she was named on the lending contract in order to retain possession of the property.
Is a surviving spouse responsible for a deceased spouse's credit card debt if the deceased had no assets except a death benefit from life insurance?
The surviving spouse is only responsible for credit card debt if the account were joint or the married couple lived in a community property state; (Texas and Wisconsin treat marital debt differently than other CP states). Death benefits from life insurance with a named beneficiary or SS death benefit are not subject to creditor action for repayment of the deceased debts.
What happens to your IRA at death?
An IRA requires a named beneficiary. If there are no beneficiaries named, it will be a part of the estate.
Can a spouse's income be garnished by a judgment creditor?
Yes, if the spouse is a co-debtor and named in the final judgment writ. Or the married couple reside in a community property state and the debt was incurred during the marriage.
Can wife be executor of will?
Yes. A spouse can be named as executor of a will. A spouse can be appointed by the court if there is no named executor or the named executor cannot serve.
Is a revocable trust made in one marriage valid in a subsequent marriage?
A trust stands apart as an entity holding property and remains valid after a divorce. The trustee of a trust holds title to the trust property for the benefit of the beneficiaries named in the trust document. If a former spouse is named as a beneficiary the trust should be amended if the trustor wishes to make the present spouse a beneficiary instead.
Can a married grantee be listed as single on quit claim deed?
It would not be correct to do so. The spouse of the grantee normally has rights to the property regardless of whether they are named or not.
