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the car, the accounts and anything else

2007-06-21 17:19:19 · 16 answers · asked by mema 1 in Politics & Government Law & Ethics

16 answers

if it is not willed or told to give to someone else the wife will get it, it is the law

2007-06-21 17:22:03 · answer #1 · answered by whateverbabe 6 · 0 1

Okay, I just called my husband's best friend, who is an attorney, so that I can be sure to give you an accurate answer.

If the husband does not have a will, the next of kin will inherit everything. If he is legally married, his next of kin is automatically recognized by the law to be his wife. It does not matter one bit if none of his assets are in her name--as next of kin she still gets everything.

He said there used to be a few states where that was not the case, but now that is the law in all states of the US, and also in the District of Columbia.

Naturally, if he has a will, the provisions of the will are what will be followed. Things only start to get weird and interesting if he has a will and the wife is entirely excluded, but that is not part of your question, so we won't worry about that.

I hope that answers your question.

2007-06-21 17:48:21 · answer #2 · answered by Bronwen 7 · 0 1

It depends on the state you live in and their probate laws, in many states it's divided between the heirs according to position on the family tree... wife, child, grandchild, etc. Some states if nothing is written down, it has to go to a probate court to be awarded by the judge. Nothing is automatic anymore, that's for sure.

Contact an estate attorney and he'll tell you right up front where you stand.

2007-06-21 17:24:05 · answer #3 · answered by Anonymous · 0 0

In FL everything goes to the wife/husband surviver, If there is no will or anything written down stating otherwise. If the estate is under a certain amt, something llike $250,000 or so, this is the case, usually.

2007-06-21 17:36:01 · answer #4 · answered by spiritwoman343 2 · 0 1

First it would go to the wishes of his will. If he didnt have a will or if anyone contested the will then it would go to probate court where a judge would decide who gets the assets.

2007-06-21 17:24:00 · answer #5 · answered by sociald 7 · 1 0

If he dies without a will, you will inherit all of his estate - including debts. If you have children, 50% will go to you and the balance split up among the children. Without a will, the government is going to take a nice piece of it tooo..

Everyone should have a will. He can then designate his estate to whom he wishes and the tax man won't be on your tail when he dies.

2007-06-21 18:07:37 · answer #6 · answered by Anonymous · 0 1

In the US, if you are legally married, you automatically inherit your husband's assets unless he made out a will stating otherwise.

2007-06-21 17:21:59 · answer #7 · answered by TG 7 · 0 1

Most things fall to the next heir, which would be the wife. But that depends on the state, his debts, and his will.

2007-06-21 17:21:49 · answer #8 · answered by Anonymous · 1 0

It depends on the state you live in.

2007-06-21 17:20:52 · answer #9 · answered by tabulator32 6 · 0 0

What did he put in the will? Most states it will go to you if he dont have one, debts too.

2007-06-21 17:22:31 · answer #10 · answered by Anonymous · 0 0

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