if a wife dies can the spouse inherit everything w/o a will?
104382
Depends on the laws of the locality where the wife resided. I only wonder why you would ask this?
217119
It is my understanding that each state has different inheritance laws.  However, if your ex-spouse died with a will which left everything to his current spouse and nothing to your child, then your child has no legal right to any of the property.  However, if your ex-spouse died with a will and left property to your child in the will, the child is entitled to whatever the will says.  Wills are recorded in county probate court and are a matter of public record.  If your ex-spouse died without a will, then your child is entitled to whatever portion of the estate that your state prescribes by law.  If that is the case, contact your local probate court and inquire.
688581
I believe Georgia is a communal property state which means all assets belong equally to husband and wife once they are married. That would make the will void because your father was no longer the sole owner of the assets once he got married--- his wife gets equal ownership as soon as they say "I Do."
181563
I'm not sure if I understand your question right, but I think you are asking if your estate could be attached by your former family if you die.\n\nDon't let this answer replace proper legal advice, but I believe no. For one thing, inheritance only applies when you're dead. Do your best to outlive your ex-spouse.\n\nProbably the best way to assure division of your estate after death is a properly written will. Even legitimate bloodline heirs can have shares adjusted by you and you can add in any person or institution that you want.\n\nMy will reads "Being of sound mind and will, I spent it all."\n\nJust as important as the inheritance you leave will be the legacy. Your children will observe and possibly adopt attitudes that you display. Today you can choose whether the legacy you leave is of patience, tolerance, kindliness and love or else of fear, defensiveness, intolerance and control.
73140
If you challenge this, you will have to produce witness that say that she changed it when he lost his mental abilities.  You will have to contest the will in Probate Court in the county that you dad lived in.  It will be an uphill battle to win this.  If a person leave no will, all funds go to the wife.  You see the challenge?
298260
You need to get an attorney specializing in probate and estates.\n\nYour sister "can" make changes to the will but she's not allowed to.  She "can" be appointed executor but she doesn't have to be.\n\nWhomever files the probate first has the best shot at being named executor and you may not actually need the will to do it (just the knowledge that there is a will).  Call a lawyer this morning.
968810
In some states there is a theory of "equitable adoption". Only if a court finds that this is the case (assuming you are talking about the USA and not some other country where there are "simple" as well as "plenary" or "full" adoptions) can a child inherit directly in the absence of blood relationship or a last will and testament providing for such inheritance.\n\nAs always on Y! Q/A, non-lawyers have stated (above) what they think to be the law, but without understanding the arcane exceptions to the general rules. Google has some references to good definitions of equitable adoption: http://www.google.com/search?hl=en&q=%22equitable+adoption%22&btnG=Google+Search and perhaps, just maybe, your facts will fit.\n\nOtherwise I'm afraid that person is out of luck.
431814
No you cannot. In order to inherit from a person you must have a blood or legal relationship with him/her. When you divorce a spouse your legal relationship is void.
33978
If he didn't leave a will, his wife inherits the entire estate.  All you can do is ask nicely for what you want.  If he left a will, you should contact the executor and ask him/her about the terms of the will.  If they are not meeting the terms of the will, send the executor a letter by certified mail.  After that, the next step is to consult a probate lawyer about suing.
988001
She will have to go through the court process to distribute the assets he has left.  Everything has to go through the state if there is no will.  I would suggest she call an attorney and a certified public accountant.  The attorney will be able to tell her how and where to file papers to the state.  The CPA will tell her what she needs to do to file his final tax return and the Estate Tax Return (if needed).  If he doesn't have much say maybe a house and a car or something small then she shouldn't have to do much.  If he has a lot of stocks, bonds, savings accounts, retirement, etc.  she should definately hire an attorney.  Check your state laws for more specific details of forms and steps to take.  I'm sorry to hear about her loss.  You are a good friend to help her anyway you can.
457773
Transfer on death means that one person owns something and passes it on to another person upon their death.  For example, if a parent specifies that ownership of thier home will transfer on death to their children, then the children have no ownership rights until the death of the parent.  Joint tenants with right of survivorship means that both (or all if more than 2) own it as long as they are both living, but upon the death of either, full ownership would immediately transfer to the other(s).  This is often the way a husband and wife own property together so that, upon the death of one, the other becomes the sole owner of the property.  It is important to give careful consideration to these kind of things to be sure your wishes are met and that you do not create an unnecessary tax burden for your heirs upon your death.  For example, suppose a man with 2 children marries a woman who also has 2 children and the man and woman are in an accident and both are killed, but the man is pronounced dead 10 minutes before the woman.  Because the man died first, the woman now becomes the sole owner of the home and, in the absence of a will or other instrument to designate a different outcome, the 2 children of the woman would now own the home and the 2 children of the man would have nothing.  Think carefully about what could happen and be sure your wishes are clearly defined and implemented.  You may want to consult an Attorney to be sure this is done correctly.
200591
Talk to a lawyer.\n\nIt depends on whether or not he made a will and on the provisions of any such will.\n\nYou could also try talking to his widow but I guess that is not an option or you would perhaps have pursued that course.\n\nTalk to a lawyer.
452516
The general rule is that a spouse is entitled to his elective share.  If there is no will, the spouse is entitled to whatever that state says spouses get (usually at least a third if there are children; in some states 100% even with children).  The quality of the marriage is NOT an issue and is irrelevant.  If the woman didn't want him to inherit from her, she could have gotten divorced.\n\nAn insurance policy is paid to the beneficiary.  It is not a probate asset.  The spouse cannot usually claim it.  There may be some circumstances (where, for example, the wife was mandated to elect the spouse but didn't) where he might be able to claim the proceeds of insurance.\n\nIf back child support based on a child support order or agreement is due, the estate of the decedent may be able to sue the husband for it.  In some cases the children might be able to proceed directly.  States may have statutes of limitation that cut off one's ability to claim child support beyond a certain point - five years is probably a good average.\n\nIt sounds like the children need to consult a good estates attorney in their area.  Go to the website for the National Academy of Elder Law Attorneys and find a Certified Elder Law Attorney in your area.  http://www.naela.com/Applications/ConsumerDirectory/index.cfm
329028
You need to find a lawyer. The lawyer can help get the documents in order based on the current state of your husband's estate.
340156
I assume you mean inherit from their father as in a will or estate.\n\nAnyone or any organization or group can be listed in a will and inherit from an estate or person if they are named in a will.  Indeed, one woman left millions to the US government to help pay off the national debt.\n\nWithout a will, children can still file to be included in a parents estate but if there are other children or relatives there will probably be a court battle and decision.  Birth certificates and other documentation of relation would be very helpful if contact has been infrequent.  Best to contact an estate lawyer in your country and hope for the best.
389564
The answer depends upon the state where the parents had their domicile at the time of their deaths. Where did they live? Intestate (without a will) estates are the subject of state laws, so there are in fact, 50 different answers to your question. In some states it is rather simple and inexpensive to resolve such a matter, and in other states it is unfortunately not so. I would suggest going to a nearby law library (such as at a law school or in a county courthouse) where you can probably find information that would help. And no, it's not rocket science. With a few minutes time you would be able to read and understand some of the basics of whatever state you're in. You could also probably get some of the basic information from the local clerk of court.
96802
Every state has laws that govern how property is divided when someone dies without a will.  In most states, dad would get the house completely.  You really should check with a probate/estate planning attorney in your state.