If the property was held as "tenants by the entireties" (husband
and wife) or as "joint tenants with rights of survivorship," the
property passes outside of probate automatically to the surviving
spouse. If the property was held as "tenants in common," the
property interest of the deceased spouse must go through probate.
The laws of the state where the probate is filed will determine
who gets what.
--
Brett
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* BRETT WEISS, P.C. *
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* Small Business Estates & Estate Planning *
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The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
*****************************************************************
I hope this makes sense.
If a two people are married and one of them dies and they both
are on
a warranty deed AND there is no will AND their are surviving
adult
children, who gets the house, assets, etc.?
The children are adults from another marriage. The spouse is a
wife
of eight years. It is a marriage older in life and the
children are
adults; don't know if this matters, just throwing it in.
What are the rights of the surviving adult children?
The paperwork to administrate the will be filed by the spouse,
but if
the children dispute that, that is, they do not "sign away" to
her
being the executor of the estate (or whatever it is called)
what
happens then? Do the children have any rights? Is it
automatically
split?
Thank you.
