QUESTION
Can a spouse receive 1/3 of a child's part of an estate even though they were only married for one and a half years?
Asked on Apr 12th, 2013 on Estate Planning - California
12 ANSWERS
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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Not sure i understand the relationships. If spouse is not blood relationships, there is not much claim.
Answered on Apr 15th, 2013 at 8:40 PM
Thomas Edward Gates
The will defines who are the beneficiaries. Normally, a divorce eliminates any mention in a will created while married. The former spouse can make a new will and include the former spouse if desired.
Answered on Apr 15th, 2013 at 8:33 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I am not sure where you come up with the 1/3 figure, but a spouse is a spouse, whether it is for one day or 75 years.
Answered on Apr 15th, 2013 at 7:57 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Spousal share is 1/3.
Answered on Apr 15th, 2013 at 2:06 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are advised to seek the assistance of probate legal counsel for a legal opinion. I don't believe so as the child's share is the result of intestate succession from the deceased parent. Marriage doesn't entitle one to receive a share of the other person's gift from an intestate estate.
Answered on Apr 15th, 2013 at 1:47 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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If a child inherited something from his or her parent that belongs to the child not to the child's spouse. If you are talking about settlement on divorce, you need to consult a family law attorney. The number of years married does matter as far as any property settlement but there is no set number of years. The longer the marriage the more the spouse may be entitled to. It depends though on factors other than inheritance.
Answered on Apr 15th, 2013 at 1:05 AM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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The spouse has a right to a portion of the husband's estate if he died without a will or if she elects against the will. The length of the marriage is not an issue.
Answered on Apr 15th, 2013 at 12:14 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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I don't know what a "child's part" of an estate is. If the decedent had no will, the spouse is going to get half of the estate; if there's a will that does not provide for spouse, he or she could claim an "elective share" equal to 5% of essentially everything decedent owned. Spouse may be entitled to support from the estate, as well.
Answered on Apr 14th, 2013 at 9:55 PM
3 Awards
In Nevada, if a married person dies without a Will, or has a Will from before marriage, and has separate property, property that was owned before marriage, the surviving spouse is entitled to 1/3 of the separate property and the children (2 or more) will share the 2/3 of the separate property. If the estate is worth less than $100,000 and the children are over 18, the surviving spouse gets everything, even if they were only married one day.... Absent fraud etc. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Apr 14th, 2013 at 9:48 PM
A spouse cannot receive someone else's inheritance.
Answered on Apr 14th, 2013 at 9:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Need details and your jurisdiction. You need an attorney to answer your question.
Answered on Apr 14th, 2013 at 8:45 PM
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A spouse, absent a will otherwise, is entitled to 1/3 of the deceased spouse's estate regardless of how long they were married. I am not sure what you refer to when you say "child".
Answered on Apr 14th, 2013 at 8:40 PM