What if a husband dies in an accident and totals the car.  He died without a will.  Does the wife get the Mone
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.
443490
If you have a joint account with your spouse, you are obligated to pay the remaining debt. So you would have to use the life insurance money to pay it. To answer your question, no one has access to the life insurance money except for the named beneficiary in the policy.
577882
You will covered in any vehicle as long as they have insurance and you have permission to drive the car.  You do not have to have insurance if you do not own a car.  What would you be insuring?  The person who owns the car is to have the insurance on that vehicle.  If you get into an accident then the insurance they have on the vehicle is the what would cover it.  If they have full coverage then the car and you ar covered.  If they only have liability then only the other person and car that you hit are covered.  As far as your husband car, you are covered not matter what because you live in the same house as he does.  Everyone in the house is covered to drive that car even if they are not listed on the policy.
1136780
She should go to jail.  You don't belong on the road without insurance.  Just because you can't come up with the money you think the person your daughter hit should have to take care of their own car?
122664
If a spouse INCURS a debt and she is liable on that debt individually, then her husband does not INCUR the same debt unless he has guaranteed the debt as well. \n\n(This is federal law)
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.
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.
801468
Seriously.  None.  In the end he will be told to give you one half of what ever he got.  I have seen this happen many times.  I work for an attorney.  If your not close to trial then not much is going to happen.  Even then you will just have to get compensated.
796587
If the bill is only in your name ... your husband won't get wage garnishment, however, the money can be garnished from a checking account. If the house is in your name, a judgment against your house. Listen to me.. go to court.. they will put in Mediation, work out a deal, make some kind of payment arrangements, believe me I know.. I am taking many people like you to court tomorrow... its in their best interest to show up... I can get the vehicle if thats in your name... many things one can do....
176341
No.  This is covered by state law so it varies, but the spouse generally gets everything in the absence of a will - especially community property.  If there is no spouse, then the next of kin would get it.\n\nIf it's not too late already and you have substantial assets, consider getting a living trust.  You can avoid probate which can cost you 15% of the estate!
568569
I'm a lawyer and I used to represent police depts. for this sort of thing.  I too am sorry for your loss.  It seems so silly when these chases go on and on when the police usually know who is driving and could just hold back and go to the person's house later and arrest him, once he's slowed down and cooled off.  \n\nThe answer above mine is correct though (mostly).  You can file your own suit, but it would most likely be joined with your husband's.  Get a lawyer who will take the case on a contingency basis and you won't lose money.  (There are plenty out there who will do so).  He has the tools to hunt down the case and advise you accordingly.
840395
each state is different, but if he is making a lot more money than you spousal maintenance should be awarded for a period of time...you get half of all assets and half of all bills in most states and if you have been married over a certain number of years you are entitled to half of his retirement...an attorney would need to go into more detail with the exact laws of your state.
527393
If the marriage was not procured by fraud, mistake, illegality or duress, then it is possible for a spouse omitted from a testator's will to challenge the distribution of the estate and obtain an intestate share for herself. The specific rules vary from State to State.\n\nHowever, spousal support is the right to be supported by the future efforts of the paying spouse, and as your uncle is apparently deceased, he has no future earning capacity. Therefore, the woman cannot obtain "support" from the estate, except to the extent that the estate may be contained by an income producing trust; in which case, the spouse could petition for an intestate share of that trust income. \n\nThis would not be financial support, however, and it would not last only one year. Rather, it would last as long as the trust continued to pay income.\n\nWhich, I'm sure, is not what you wanted to read. But, that's the law.
739734
When you list a beneficiary, you have the opportunity to list a contingent beneficiary.  If she listed a person as the contingent beneficiary, then that person gets the payout.  \n\nIf she didn't, then the estate of the mother gets the payout, and it gets distributed just like the rest of the assets in her will.  If she didn't have a will, then it has to go through probate court, and will get assigned as per the state law - most likely to a spouse first, then children - sometimes between spouse and children.
343364
My father just passed without a will so I've been through something similar.\nIf there is a will then the law is to follow the instructions of the will. It can be contested but that takes time and money.\nIf there is no will then someone has to send a petition to the courts in his, the deceased, state and request to be appointed guardian/executor of the estate. It is easier to have the "permission" of the other siblings so it won't be contested. Once the court approves the petition then his estate, assests thereof, will be used, sold if necessary to pay off any and all debts the person had. What is left after that is divided between the surviving brothers and/or sisters. Children of deceased siblings are not usually included in the division, but can be. Hope this helps.
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
413696
You will need to consult an attorney, and you will have to file papers in the probate court for the will. If she did not have a will, her estate is in "testate". Her husband can be easily appointed. Then there is a long process that follows. You will need an attorney, and it will be in your local Probate Court.