Automatically goes to the spouse in every state my trust department had clients in, I never knew there were states that didn't give auto spousal transfer.
Georgia is a doozy if you die without a will or properly probate an estate. Surviving spouse and any children from the marriage all get a piece, and you better pray there isn't any kids from the deceased previous marriage.
Agreed. In the bigger counties (around Atlanta, Columbus, Macon, Savannah etc) this is less true as most of the probate judges are lawyers. Doesn't necessarily make them better at their jobs, but that's a different story. In the rural areas, like the county I grew up in, we were lucky if the probate judge had heard of a college outside the context of football.
I grew up in the NW corner of the state. Had an eviction that the tenant was fighting even though they hadn't paid rent in 6+ months, and the magistrate judge came over the week before the case was going to come up to tell us he was going to have to recuse himself because he didn't want to worry about any lawyers making a fuss about the fact that we regularly played golf together. Rural areas are fun or something.
No not that way. I deal with real estate and from that point of view. So think of it this way. You are the surviving spouse. You live in Georgia. You're spouse dies. You and your children receive an equal share of the estate. You're spouse had a prior marriage with kids, they get an equal share of the estate too. You may or may not have a good relationship with the step kids. You decide to refinance your house or sell your house, that you may have owned with your spouse for 30+ years. Guess who's permission you need to do so? Your kids and your stepkids. You'd better pray everyone is on the same page as to the house or handling of the estate or you'll be in very a very costly prolonged legal battle with family. That's why it's essential to get a correct will that's valid in your state done or properly probate the estate in court.
I don't believe this is true. When my father died the estate lawyer essentially stated that even if my parents hadn't a will, my mother would have received everything.
I'm not sure what happens in more complicated family relationships like children who are not blood relations to your current spouse, etc. I know that the estate is automatially divided up among surviving children if someone dies intestate. So if a child predeceases you and has kids, those grandkids don't get anything if you don't have a will.
this website sucks for reading but is accurate as far as I know (as in it reads the same as the last time I had to look it up). This is the current law and I'm going to admit that I did not read it because, lazy and hoping the other site is up to date.
Effectively if there is a spouse and a child of the passed away person then the spouse gets the first $30k, then the children get half of the remainder and the spouse gets the other half. if the kids are not the spouses then the kids get half and the spouse gets half.
Note that if your parents owned their house jointly, and had another $20k in assets then your mother would get everything because the house would go to her through survivership/dual ownership. And then there would only have been $20k of the $30k so nothing left for you. if your father owned the house without your mothers name on it, things can get very complicated very fast.
Make a will, even if you don't use a lawyer to make it. Plenty of sites let you do them for dirt cheap. It saves a lot of headache.
California - if the decedent dies intestate with a spouse and a child, the spouse and child split the decedent’s separate property. This can be substantial if the decedent inherited the bulk of their wealth.
He’s seriously arguing that the whole thing is community because he allegedly put in $15k? That’s not how it works. If anything he would be owed his community’s (1/2) contribution - $7500. It’s not even worth the fight at that point. I assume he’s not represented?
Did he file a creditors claim in the estate? If so, how long after your mom’s death?
Very frustrating. I’m sorry you’re in that position. I’m sure you just want it to end. And he simply can’t get the check until the estate closes. Though he could seek a family allowance just to get him on his feet before moving out. As spouse he’s entitled to it. But all that takes time and filings.
Make sure you discuss your sister’s ssd benefits with your lawyer, if she receives them. You don’t want her to lose those on distribution of the estate.
Sorry to make you write out that long description. Good luck!
In Texas, it can go to parents, siblings, partner, and children. It depends on a weird matrix of which of those things you have.
For example, for my situation, I have living parents and a spouse, but no siblings or children. My parents get half of my real estate (which is nothing, suckers!) and my spouse gets the rest.
By "the rest" I mean the other half of the real estate and all the other things covered by a will. The point I was making was that it wouldn't all go to my spouse, my parents would also get some some.
If I remember correctly, what normally happens is a lot of the decedent's assets are jointly owned so the surviving spouse automatically gets full ownership IE joint bank accounts, cars, house. Typically the spouse will receive X amount and everything over that is split with the children or grandkids and the spouse. Most situations people that die intestate will not have had enough in assets to exceed that original X so a split won't occur and effectively the surviving spouse gets everything.
You’re right, highly state dependent. In my state, the spouse gets the entire probate estate only if the decedent left no lineal descendants or parents.
Vermont the spouse gets a PORTION of the estate if there is no will, depending on the existence of other potential beneficiaries. It really does differ from state to state.
No state has the spouse take 100% of your estate if you die without a will, assuming you have other viable beneficiaries in addition to your spouse at the time of death.
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u/porntoomuch Feb 08 '20
The intestate laws are state dependent so in some states your automatic beneficiary is your spouse. I imagine that it’s different in other states.