QUESTION

What does a spouse do when death occurs and that spouse had a home in their name only through inheritance and a car ?

Asked on Mar 02nd, 2016 on Family Law - Texas
More details to this question:
Wife died, had a house in her name (inheritance from her father after dying) and had purchased a car paid in full in her name only. What does the husband have to do?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
If there is no will, the surviving spouse will have to apply to court for the statutory share guaranteed to the surviving spouse.  It is not possible to disinherit a spouse, therefore every state has adopted regulations and statutes that establish the minimum share that the surviving spouse is entitled to receive.  This share is typically 1/3 with remaining shares going to the children and/or parents.  
Answered on Mar 02nd, 2016 at 12:59 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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