A wife has legal rights whether or not she is the executor. Most states have a statutory provision under the doctrine of election. Under that provision, a wife can claim a statutory share of her husband's estate if her distribution under the will is less than she would receive by law. You should consult with an attorney in your state who specializes in probate to determine what your rights are under the laws of your state.
As for the settling of the estate, the executor must be appointed by the court. Interested parties will be provided with an opportunity to object to the appointment of the named executor and the court will hear the objections. If the objections are serious enough the court will appoint a different person as executor. Once appointed by the court, the executor will have the power and authority to settle the estate under the provisions in the will and according to the probate laws under the supervision of the court.
The spouse has the right to inherit under the will or by the right of election in most jurisdictions if the provisions in the will are not adequate. However, the executor has the right to collect and distribute all the property the decedent owned as an individual after the payment of the debts of the decedent. Any property owned by the couple as joint owners with the right of survivorship will pass automatically to the surviving spouse as the sole owner.
The executor has authority over the estate. In fulfilling their duties, they may have to ask the wife to do certain things. The specifics of the situation may have the executor selling property on behalf of the estate.
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.
Generally, an executor doesn't need to be the "legal spouse".
No, the spouse does not. However, the executor of the estate, which could be the spouse, does have the right. They will have to show a Letter of Authority from the court and account for the monies as part of the estate.
The surviving spouse has legal rights regardless of whether he/she remarries after the death of his/her spouse.
It is very common for the spouse to be the executor of a will. They can always decline the responsibility and the court will appoint someone else.
The spouse of a beneficiary has no rights to the estate. Removal of property without the executor's authorization could be prosecuted as theft.
Yes, and they frequently are as in the case of the standard husband and wife will, where each spouse leaves the entire estate to the other spouse and names that spouse the executor.
It makes a lot of sense to make them the executor. It is very common for the spouse to serve in that capacity.
Legally they have no standing to do so. Only the executor has the court order allowing them to act on behalf of the estate. The spouse certainly may influence them, but the executor still has to account to the court.
The spouse of an incarcerated husband has all rights over their property. This is only if the two people are legally married.
The spouse does have some rights to the home, based on specific laws for the state in question. If their name is on the deed, they can control the sale. Consult an attorney in your state.
Yes, that is very common. The spouse is typically the executor of the estate.