QUESTION
Will the estate have to go only to the child from previous marriage if it was purchased from that marriage?
Asked on Jan 01st, 2014 on Estate Planning - Michigan
More details to this question:
House and property was purchased from a previous marriage, if my spouse dies will this estate have to go to the child from that marriage?
15 ANSWERS
3 Awards
If the house is owned by your husband, then it will pass pursuant to his will. If the property has a joint tenant it will pass to the joint tenant. Check the title and address questions with an attorney.
Answered on Jan 08th, 2014 at 9:09 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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NO. You can leave an estate any way you want to, in Michigan. Step-children (or children, for that matter), are not entitled to anything.
Answered on Jan 06th, 2014 at 5:34 AM
If I understand you correctly, your spouse had a child from the first marriage and bought from his former wife all of the assets of the two. In California, one half of his share of community property goes to the current spouse but as to the private or separate property it passes by the terms so the Will or the probate code if there is no Will.
Answered on Jan 06th, 2014 at 5:33 AM
2 Awards
It depends on the nature of the down payment, any estate planning documents, and who dies first. See an attorney.
Answered on Jan 06th, 2014 at 5:33 AM
Thomas Edward Gates
Is there a will? Was the home mortgage pay for using monthly community income? In Washington, when a person dies without a will, he dies intestate. If there is a surviving spouse, they would receive all of the deceased's estate. If there is no spouse, then the children would receive the estate in equal shares.
Answered on Jan 06th, 2014 at 5:32 AM
Usually not, unless the Deed, a Trust or a Will says so.
Answered on Jan 06th, 2014 at 5:31 AM
Ownership of the property most likely depends on the terms of the divorce decree. If your spouse owns the property outright, he or she can leave it to whomever he/she chooses. If you spouse dies without a will, the state's intestacy laws will determine who can inherit it. However,if the first spouse still has some claim on it, such as receiving a percentage of the income when it is sold, that may require the property to be sold upon your spouse's death and the funds distributed accordingly.
Answered on Jan 06th, 2014 at 5:31 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Does the ex own any part of it? If not, then it will go to whomever he names in his will. If there is no will, it will go to his hers, i.e. his spouse and his children, regardless of what marriage they come from. He really needs to talk with a local attorney and if he hasn't already, prepare a will to designate where his property goes after his death.
Answered on Jan 06th, 2014 at 5:30 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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No. intestate (without a will) property goes 1/2 to the wife and 1/2 to the children if the children are not of the marriage. (100% to the wife if all the children are of the marriage)
Answered on Jan 06th, 2014 at 5:29 AM
Litigation Attorney serving Stockton, CA
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Patrick Jay Edaburn
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Unless there was something in the divorce agreement and/or in the deed itself you are normally free to dispose of your property as you see fit. But it's best to sit down with an attorney to discuss specifics.
Answered on Jan 06th, 2014 at 5:29 AM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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As I understand it, you purchased a home during your previous marriage and have since remarried. You are asking whether your child, who was born from your prior marriage, will inherit that home. Under Louisiana law, your children automatically inherit your estate when you die, regardless of when they are born, if you do not have a will. The only way to keep this from happening is to have a will drafted. If your children are under the age of 23 or are mentally or physically infirm (disabled), they may be forced heirs, which means you can't completely exclude them from inheriting.
Answered on Jan 06th, 2014 at 5:27 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Assets owned by the deceased person at death will be part of the decedent's estate unless the ownership terms of the asset (joint tenancy, transfer on death, designated beneficiary, etc) dictate the subsequent owner. The assets in the decedent's estate are distributed in accordance with the terms of the decedent's will, if any. If no will then in accord with the statute on descent and distribution. If no will, the spouse receives of the estate and the children of the decedent equally share in the remaining half, with the descendants of a deceased child dividing the deceased child's share. If your husband purchased and owned the house then it would be in his estate. All of his children, including the child of a prior marriage, would receive equal shares in of his estate and you, as spouse, would receive of the estate. If there is a will then the terms of the will would control and your husband's estate would be distributed in accord with the terms of the will.
Answered on Jan 06th, 2014 at 5:26 AM
Your spouse's property will pass pursuant to their Will. If they die without a Will, the property will pass pursuant to the laws of intestacy of the State where your spouse was living when they died.
Answered on Jan 06th, 2014 at 5:25 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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If no will or trust directing the disposition of the estate, then the next in line heir is entitled to receive the estate., A child of the deceased is a direct heir.
Answered on Jan 06th, 2014 at 5:24 AM
If there is no will, the estate will go to the spouse and also children depending on the size of the estate.
Answered on Jan 06th, 2014 at 5:24 AM