Father died without will could surviving spouse take all?
360181
It really depends on the state. Which lawyer were you talking to? Hers? Yours?  \n\nIn many states only the wifes 1/2 of the community property is hers.
485701
No..the wife isn't..In fact some states will not even entertain the thought of splitting the property between the spouses when the other has inherited in a will...Let's ask you the question..If you were left a will prior to you marrying your husband, should your husband be entitle to it? Even if you inherited the property while married, it's still yours..It was willed to you.\n\nThe answer is simply no...\n\nAnything outside that..I suggest you consult with an attorney.
562310
The military has no say in what a family member chooses to do with possesions.  If the will didn't state explicitly that the eldest son swas to receive the items, then it's a free for all.  This needs to be taken up with the sister.
587135
If she's been living with this guy for more than 7 years than by state law, he is her husband although they are not legally married.  He would get everything unless a will is drafted.  But even wills can be contested, she needs a "living trust" which is undisputable.
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.
373584
If you are joint on any bank account holdings, real estate, or other property he had, then you do not need a lawyer.  However, if there things that you were not joint owner of, then you at least have to go to court to havea judge name you the beneficiary.  In my case, my mother was joint on all of my father's ownings, so she did not have to do anything more than present a death certificate to have his name removed from those holdings.  Most such things are actually titled "joint account with right of survivorship".
533859
What on EARTH are you talking about? "with the Commonwealth"? What's that?\n\nInheritance laws, in absence of a will, are usually pretty explicit. Husband (if any) gets half, children get the rest split evenly (Can vary between jurdistictions).  A proper will, drawn up by a knowledgable lawyer, should be enforceable. They're pretty hard to break unless you can show coercion... Failure to properly identify you in the will (calling you a niece/nephew instead of a son/daughter could invalidate the will or at least guarantee you the proper share, with a good lawyer).\n\nIf assets are hidden or missing, well, that's not easy. You should be able to use tax returns etc. to detemine where all the money was; as heir, you should be able to get the executor of the estate access to those documents; if any income wasn't reported, then, yes, likely the tax "bastards" will take quite a bit before you see anything.\n\nThe short answer to any legal question is - "it depends. Consult a good lawyer."
612082
He should have designated someone as the executor of his will. Maybe a close friend? If there is anything for you in the will, you will find out soon enough, as you have to be notified. I am so terribly sorry for your loss, and if it makes you feel better, sneak around and do what you have to do to obtain what is rightfully yours. Fight fire with fire, I say.
836077
If there is a will involved, the will is controlling.  If there is no will (intestate) the spouse and the children usually share in the estate.  Not sure about Kentucky, but in Tennessee, the spouse can choose to get an elective share based upon the number of years married to the spouse (up to 40% of the estate) or the spouse gets a 1/3 interest or a child's share, whichever is more.  Therefore, if there were only one surviving child, the spouse would get 50%.  If there were two surviving children, the spouse would get 33 1/3%.  If there were three surviving children, the spouse would get 33 1/3% and the children would equally split the remaining 66 2/3%, with each child receiving 22.22%.
924890
Were you once married?  Were you married for more than 10 years?  Do you have any living relatives?  In certain states if you die without a will, the state may say that half of your checking account, IRA and home are in your estate.  They may have ways of dividing those halves which may not give all to your daughter.\n\nAlso, with a will, someone who contests will have much less of a chance of winning.\n\nBe certain.  Make a will.
495301
In FLorida, if your husband died intestate (without a will) then his estate will pass by operation of law to you his spouse.  Any property owned separately, i.e. anything that wasn't jointly owned, would go into probate.  Probate is a process whereby the court looks at all the assets and creditors and pays off the debts before transferring the remainder of the money to you.  IN FLordia there is an expedited probate process for small estates, called a summary probate - I think the value of the estate is something like less than $10000.  Also in FLorida, the home isn't included as it is exempted as Homesteas property.  As for the life insurance money - that is a contract between your husband and the INsurance company.  It is not subject to probate and is paid directly to the beneficiary - whoever that is.  As for his stepchildren, they get nothing unless he specifically provided for them, either by way of insurance or by will.
479237
after a certain amount of time, they wont go after you, but if you owe and receive the inheritance say tomorrow, it will all depend on how the will is structured. If there is no will and it is a straight next of kin arrangement, they sure can go after that money. Not only that, but any unpaid debts of the benefactor can be deducted from the amount of the inheritance.
268946
While he is still alive, can't without his permission.  Any information involving insurance between the insurance company and your Dad is confidential.  If you are trying to make plans for when he passes away I would either speak to him about it or talk to whoever is going to be the executor of his estate.
250265
Possibly yes after a person dies the debt collectors go after the estate. So if her name was on the deeds the might be able to. It is something to talk to a lawyer about.
1144202
wife unless otherwise specified in will
579785
Go see a lawyer IN THE SAME STATE AS YOUR FATHER and explain this situation.  Then hang around your father like a tick on a cold day until he signs a will.\n\nThis is the only good way to protect your mother from poverty or delayed property transfers while she is grieving.  All this should be settled now, in advance, based on the blessing of your father knowing he's going to die as well as about WHEN that's going to happen.\n\nYour mother's grief will be ENORMOUSLY AGGRAVATED if her husband dies without a will ("intestate" is the word for that).
873949
I did know of a case once where a family were left a very grand house on condition that they lived there as a family.  I didn't see the will, and only had their version of things to go on, but it is possible to make a bequest subject to a condition, in which case the testator (person making the will) has to spell out what will happen to the property being left if that condition is not/ceases to be fulfilled.  I don't think your flatmate would give up her freedom to go back and live with her mum without good reason.  Whether that good reason is to do with the will or because her mum really needs her there is her business, and whichever of the two it might be I don't see how you can describe it as selfishness.