Does Pennsylvania law allow a seperated husband a share of his wife's inheritance?
467400
You will have to prove that you were no longer seperated at the time of her mothers death, it doesnt matter if you go and stay a night here and there for the child to see you. So I'm gonna have to sorry no, and why would you want to do this anyway it was her mother not yours, if your were gone would you want someone you seperated with over two years ago say they deserve that inheritance also? I would use some common sense before trying to take something that belongs to someone you had once loved enough to marry and have children with.
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
415368
It depends if your state has community property law.  If it does than his debt is now your debt as well and you will be responsible to pay for it.  If you do not live in a community property state than file and injured spouse form and you will get your share of the taxes. You can also file separate.  Best advice is to let them take your share until all of the back child support is caught up.  As soon at that happens the garnishments on his paycheck won't be as much because he will just be paying current support.
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.
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.
362507
I would get a second opinion from another solicitor.  By using the term "solicitor", I presume you are in the U.K.  I am not familiar with the laws of your country.  Here in the U.S., property would not pass to the decedent's siblings unless the decedent had no children or grandchildren and did not have a surviving spouse.
1025506
Do not stress because if your properties go to your husband they are spouse exempt for inheritance tax. So no tax to pay.\nAlso any gains on them for captial gains tax are also wiped out on your death.\n\nPlease get a will do not leave this the administration of estates act 1925.\n\nYou may worth getting advice about how to efficiently tax plan on your husbands if he dies first, spending money now will give you the peace of mind that if something should happen to you or your husband there would be the bare minimum liability to tax.\n\nYour husband may have to pay income tax on any rental income received so be wise this aspect aswell.
1119396
Your husband's stepfather most likely was the legal owner of the 401k, even he had not taken "possession" of the funds.  If the deaths were related (same accident, say) you could perhaps argue for concurrent deaths - it doesn't sound like what you're describing.\n\nBecause the account belonged to your husband's stepfather, it will most likely become part of his estate to be distributed based on his will.  If there is no will, it will be settled in probate court.\n\nIf you are not named in your husband's stepfather's will, you may not be entirely out of luck.  Talk with an attorney in  your state - there may be a basis to challenge the distribution, although I think it is slim.  Buty you should at least seek legal counsel before you give up on receiving any of the funds.
407947
You really need to touch base with a local attorney on this one.  I'm not familiar with PA law.  I took a look at the statutes and it's got me confused.  It does not really define what "personal property" is, nor does it even tell me if you can legally seize such property resulting from such suits, unless it was a "secured" debt.  \n\nIn Michigan and many other states, they can't take your furniture unless it was the furniture store who was the creditor, and they sued you.\n\nCredit Card companies would have to go after bank accounts, wages, or "real property" which is defined as real estate, auto's/cars/boats, or similar property that is licensed or deeded.  That way (I assume) they can prove you are the sole owner.  They can not seize a car if it's jointly owned, or bank account if they are joint.   \n\nBut PA may be differant, so chat with an attorney.
1135221
no sorry i haven't and i lived in pa my whole life. sounds rough though and another good reason not to risk your home to finance something else, sorry i hope it works out for you. hopefully your spouse will have the descency to realize loan or not the home is yours and they shouldn't mess with it.
222042
You you can.  But it's still going to take a lawyer to help divide the debts between you and your husband.\n\nYou also need to contact your bankruptcy lawyer and trustee, because it's going to have a drastic effect on you "plan".
412035
I am assuming that you are a Hindu.  If that's the case, the Hindu Succession Act of 1956 applies to you.  I am also assuming that your parents died intestate (that is did not leave any will).  You certainly can file a suit for getting your share of assets and the compensation for income enjoyed by your brother.  I would think that you should apply for a partition of your property.\n\n\nHere's the relevant section of the law that applies:-\n\n10  Distribution of property among heirs in class I of the Schedule\n\nThe property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:\n\nRule 1-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.\n\nRule 2-The surviving sons and daughters and the mother of the intestate shall each take one share.\n\nRule 3-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.\n\nRule 4-The distribution of the share referred to in Rule 3-\n\n    (i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions; and the branch of his predeceased sons gets the same portion;\n\n    (ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.\n\nI am a Chartered Accountant from India.
5168
NO...the US Supreme Court ruled several years ago that the prior assets and current income of a parent's spouse (In this case, you) cannot be presumed to be available for the purposes of child support or spousal support, even in states where all income is otherwise considered to be community property and all debts considered to be joint obligations...that means you are not legally on the hook for his kids and his ex wife can't try to get your house...in a nutshell.\nIf you two marry and he stops working or something, they can haul his tail to prison if they have cause to believe that he's willfully avoiding his obligation, but your paycheck cannot be considered in deciding or fulfilling his support order.\nYou will want to consult an attorney specialising in family law about specifics such as whether you should file your taxes jointly or seperately, how a jointly purchased home should be deeded and to draw up a prenuptual agreement about any inheritance you may recieve in the future and MAKE OUT A WILL....Both of you.\n(the Supreme Court ruling left some confusion about the distribution of assets aquired by one party but within the marriage)
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."
878378
Does she have enough money to buy his half of the equity in the home and keep it?  If not, then the judge will probably require that the home be sold and the proceeds divided equally. As for paying off the family debts, if they go to court, these can be divided, although not necessarily evenly among the two of them.  He could wind up paying off most of the debts if she is not financially able to do so.  Settling out of courts is usually unwise when there are any disputes on property settlements or other aspects of a divorce, although those seem to be taken care of already. But, the property settlement and the debts can cause alot of headaches if they are not agreed to prior to settling, whether it be in or out of court.
613422
The law setting out who gets what is called intestate succession.  Each state has a statute that sets this out.  The statutes differ from one another in some respects.\n\nIn general: \n1.  Property that was held in some form of "pay on death" title will go to the surviving co-owner.  Typical of these are: beneficiaries to life insurance, persons holding property as "joint tenants", the beneficiary of a trust account at a bank or savings and loan.\n2.  In a community property state the surviving spouse receives all of the community property.\n3.  In a non-community property state or as to non-community property in a community property state the surviving spouse gets all if the deceased has no living descendants.  If there is one child (or the issue of the deceased only child) the child and the spouse split 50:50.  If there is more than one child, the spouse and the children split 1/3rd for the spouse, 2/3rds for the children.  \n4.  The  only time the state gets the estate is if there is no will and there are no known relatives.
914338
Yes. Because he has vacated the domicile you can. However he needs access to his belongings via reasonable means.\n\nGood luck