Please help....My good friend who's husband committed suicide on sept 10, 2007. There's real and personal property. No will. The inlaws are pushy, self-serving and disrespectful of her feelings %26amp; rights. She was physically and mentally abused prior to his suicide. She just wants what is rightfully hers and to be treated fairly and respect her rights. She has and has had no income thru the entire marriage, is disabled and is a having hard time, as she is unsure as to exactly what is and isnt suppose to happening. Petrified she may get booted out of the home she and her husband shared. Knowlege and info would be priceless, not knowing is the majority of the fear. Please help asap with any info, referral and/or advice...thanksURGENT!! Need no cost legal advice for widow who's spouse committed suicide;inlaws have own interests not hers
I'm not a lawyer, but my understanding is that under most US Law the legal-spouse is by default the immediate beneficiary of all assets left by the descedent spouse. Especially if there's no will. Again, I'm not a lawyer, but it would seem that the in-laws have no claim or power to decide what happens to marital property and assets.
Definitely get some legal representation and ask what the best course of action is: Perhaps they will issue restraining orders and/or (if possible) issue injunctions against the inlaws asking them to cease-n-decists their actions agains the living spouse.
SOunds like the in-laws are a bunch of vultures. The guy hasn't even been buried and they're all over his stuff. Talk about lack of respect.URGENT!! Need no cost legal advice for widow who's spouse committed suicide;inlaws have own interests not hers
Being that there is no will, whatever he had would go to the next of kin. However, these things can get complicated. See a lawyer.
Dave is right, everything depends on the state. The situation you describe is called ';intestate succession';, which means without a written will. State law specifies how the dead person's property is inherited. Usually, it's divided up between the wife and the man's children, if there are any. If there are no children the wife may very well take all. Siblings and other relatives only inherit if there is no wife or children.
Land is a special case. It depends on how the husband and wife owned it. Usually, no will is necessary if they jointly own the property, whoever survives automatically owns the whole thing.
I would start by checking with your local City or County Bar Association and getting referrals.
For starters when a person dies without a will they are considered ';intestate'; which leaves a chain by which the belongings and property goes to. The spouse if legally married not just a live in partner is the first to get anything. If there is no spouse then the estate goes to the biological children then if no children the parents of the deceased. She needs to get an attorney most of them will work on a basis where they get paid a protion of the cash worth of the estate when it is settled so she should not have to pay up front. She will be appointed as the personal representative of the estate by the courts. Also make sure she has the bank check into the insurances on teh home. Some people have a death clause in their policies that if one of the spouses passes away then the mortgage is forgiven. Often times this does not apply to suicides though so she will have to look into it.
Also on the home most homes are considered what htey call ';homestead exempt'; which means creditors of his cannot touch the house since it is still her residence. they can get anythign else of value but not hte home and usually one vehicle. They cannot put her in a position where she will become homeless.
It would help if you told us what state you're in, as a widow's rights vary from state to state...as do points of contact for low or no-cost legal aid.
Tell her to go to the local county courthouse and file PROBATE Intestate.
then tell me in what state she lives.
EDITED BASED ON STATE:
Under the rules of California Intestate Succession the following apply.
The rights of inheritance for a person who is married at death depends upon the nature of the assets owned. Assets can be community or quasi-community property (acquired during marriage either in or out of California) or separate property (owned before marriage or acquired during marriage by gift or inheritance).
All community property and quasi-community property passes entirely to the surviving spouse.
Any separate property of the decedent is distributed to the surviving spouse or domestic partner and other relatives, depending on the relatives who survive, as follows:
Spouse or domestic partner and children: One-half to spouse or domestic partner and one-half to one child if there is only one child. If there is more than one child, one-third goes to the spouse or domestic partner and two-thirds to the children, in equal shares.
If there are no children or grandchildren (if there is a deceased child, the children of the deceased child take his or her share), then one-half to the spouse and one-half to the decedent's parents equally, or one-half to the surviving parent if one parent is deceased.
If there are no children, grandchildren, or parents of the deceased, then one-half goes to the spouse and one-half to the decedents' brothers and sisters, equally (half-brothers and half-sisters share equally with full brothers and sisters). If there are any deceased brothers or sisters, the children of the deceased brother or sister take that parent's share, equally.
If there are no children, grandchildren, parents, brothers or sisters, nieces or nephews, then all of the separate property passes to the surviving spouse.
THEREFORE, her immediate concern is protection for herself and all assets of the estate. I would advise not allowing anyone into the home and to contact a local probate attorney immediately depending on the amount of the estate.
At the very least, she needs someone she can trust to maintain distance during the probate procedures.
Remember, anything that is JOINTLY held, (as in the home deeded Joint Tenants with right of survivorship) is hers without probate including any insurance with her as beneficiary and those things owned as marital property she retains HER portion PLUS 1/2 of his.
For example, if they own a car in both names without the above JTWROS, then she would own 75% of the car.
These are over-simplifications for example only. You really need to get her to a probate attorney.
Once you take care of protecting her from the hounds, take her to an attorney for a full review of the situation.
I believe because she was/is married to the deceased that she is entitled to his estate and belongings. This does include debt. I would strongly advise her to seek legal council. If her in laws have another agenda, they may have already sought legal council. I know she has no income however a lawyer may take payment after everything is settled and she sells off enough assets to pay the bill.
Try this site: http://www.worldlawdirect.com/ I am not sure if they will be able to help you as i have never used them but it is worth a shot if you can obtain some legal advice.
Good Luck!
your friend is in titled to everything she was married to him and just because their is no will doesn't mean anything. the parents of the husband are just talking crap because they are hurt and didn't have a clue! if he wasn't married to anyone and just had a girlfriend it would then go to family which in this case would go to the mother. any way you can call any lawyer in your state to find out were you stand in a legal matter it is free until you hire them to fight your case. i hope this helps you and good luck! your friend doesn't have to worry she will be fine they cant do anything!
I can advise you on two states.
Illinois: When the husband dies the estate is DIVIDED between the spouse and the children. The spouse assumes all debt. Some instances, the creditors such as the mortgage company or car loan will demand immediate satisfaction and may require the sale of assets.
In Wisconsin: The estate goes to the spouse and so does all the debt.
Both states have a probate period in which others may make a claim on the estate. It goes to court and the judge decides if the claim is valid.
Contact a probate attorney in your area to find out what more about your personal situation.
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