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Do children have rights in or to community property if father dies but mother is living?
Wiki User
∙ 11y ago
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.
Wiki User
∙ 11y ago
Wiki User
∙ 14y agoGenerally, the children are the fee owners of the property. However, the property is subject to their mother's life estate. She has the right to the use and possession of the property for the duration of her natural life. If the children want to sell or refinance the property they must have mother's consent in writing.
Wiki User
∙ 12y agoThe children have the right to inherit the property as outlined in the will or in line with state intestacy laws.
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What rights do you have to your deceased grandma's property?
If all her children are still living you have no rights in her property unless she left a share to you in her Will.If all her children are still living you have no rights in her property unless she left a share to you in her Will.If all her children are still living you have no rights in her property unless she left a share to you in her Will.If all her children are still living you have no rights in her property unless she left a share to you in her Will.
If a deed was signed over to a sister but was meant for her to share with the others what can you do if the father dies?
If the property was conveyed to a sister by deed from her father then she is the owner of the property regardless of whether the father is living or deceased. Deeds have no other "meaning" except to convey property to the grantee on the deed unless other intentions are clearly stated in the deed. Father should not convey the property to one child if he really wants all his children to share in the property. By executing a deed to one child he is telling the world his intention is to transfer ownership to her alone. If father is deceased, unless you have written proof that your father intended that your sister was to hold the property in trust for all his children then you are out of luck. The grantee on a deed is the owner of the property unless there is written evidence convincing enough to persuade a judge to rule that others have an interest in the property.
Are there any special regulations I should be aware of when filing a living will in Mississippi?
You may want to check with your states guidelines on community property. You also should check on on custody guidelines if children are involved.
What is the law on having children with your ex-husband and living with a man who is not their father?
There is no current law prohibiting you from living with a man who is not the father of your children. If you marry him, he becomes their stepfather.This in no way changes the relationship between the father and the children, he is not their ex-father he is only the ex husband. You may need to remind him of this, if he is worried about his relationship with his children. Unless he is abusive, the children need to see their father and continue the bond with him.
What does the children's father Atticus do for a living in to kill a mockingbird?
Lawyer
Is property located out of a community state considered community property?
No. The property in any other state will be governed by the laws in the state where the property is located.No. The property in any other state will be governed by the laws in the state where the property is located.No. The property in any other state will be governed by the laws in the state where the property is located.No. The property in any other state will be governed by the laws in the state where the property is located.
What is a nuclear family?
A household made up of a father, mother, and their children. Apex Hope this help.
Father dies no will or beneficiary for properties or banking accounts who gets property?
The property passes to the heirs by way of intestate succession. Each state has laws that define who the heirs are under different sets of circumstances. These laws may have small variations from state to state, so you have to check the laws of the state where the will was probated to see who actually gets what and in what percentages. For example, the distribution of property when the father is dies with all his children living will probably be diferrent than if one of his children has predeceased, leaving children of his/her own. Check the appropriate laws.
If I inherit property then take out a mortgage against it with my husband is it now community property?
I hate to say it but if his name is on the deed well let me put it like this the property was gained while you were married so in essence yes if you're living in a community state then you have a partner
Do you need to probate your father's estate if he left a living trust before he died?
Generally, if your father owned any property that was not transferred to the trust while he was living then his estate must be probated.
How does recycling help children?
recycling helps the community which helps kids with pollution and living things
If you die in Tennessee with credit card debt in your name will your spouse be obligated to repay the debt?
No, Tennessee is not a community property state. Married couples living in non community property states are not responsible for debts incurred solely by either spouse.
