husband divorces his wife and leaves all his stuff to the children then remarries.Has his second wife on the title of the house and vehicle and then dies. Does the second wife get the vehicle and house? She is the survivor benefit on the tiltle of the vehicle
2007-07-13 07:19:26 · 15 answers · asked by 8995st 2 in Family & Relationships ➔ Marriage & Divorce
Dear 8995,
Did the ex have a will or die intestate? Makes a big difference. If a will is in place and the date is later than any other will or property division made with the ex-wife, it supersedes all other decisions. When his will is in probate, the court will decide how to honor the terms of the will with respect to the division of property.
If he was not concerned with keeping life simple for his children and present wife and had no will (intestate), the judge handling the probate of the property and assets of the deceased will divide it according to applicable state and federal law. This is the best answer we can give you here with no idea of the state in which he resided.
Good luck. Keep in mind that it's only stuff. Nothing to lose sleep over. Hugs!!
2007-07-13 07:42:23 · answer #1 · answered by Peanut 4 · 0⤊ 0⤋
You didn't mention whether the husband died with a will or not. You mentioned he divorces his wife and leaves all of his stuff to his children. Does this mean he created or amended a will to leave stuff to his children when he divorced his first wife? The status of his marriage to his mother's children should not play a role in determining whether they will inherit anything from their father.
Unless there is a will stating otherwise, then the new wife will get the house and car and anything else they own jointly. If there were any other assets, bank accounts, life insurance policies, real estate, etc. then it would depend on how title was held, what state this occurred in (is it a community property state?), were assets held in a trust for the children, were they transfer on death notices filed, etc. If the children are minors, then they may need a guardian appointed to them in probate court to make sure they get anything they are entitled to.
Who ever is looking out for the children should probably consult a local probate attorney. Good Luck.
2007-07-13 07:33:43 · answer #2 · answered by LasVegasMomma 4 · 0⤊ 0⤋
When a husband divorces his wife and he leaves all of his stuff his ex wife gets it. In a divorce the marital assets are divided between the husband and wife NOT the children. One parent gets custody or they both share custody and one pays child support. (the court isn't going to allow you to leave everything to your children in a divorce.) If the first wife is custodial parent she will more than likely get the house in the divorce settlement, if the husband wants the house he will have to purchase her half of the house which is considered a marital asset. Or they will be ordered to sell the house and split the proceeds 50/50.
THEN he remarries, IF he purchased his ex wife's half of the house he can put his second wife on the title, IF he didn't purchase his ex wive's half of the house he can't put anyone's name on the house. When he dies the second wife will get whatever he and her emassed in his estate while they were married, she gets nothing out of his divorce settlement to his ex wife...and his children with his first wife will more than likely be collecting his SS as well.
2007-07-13 07:37:46 · answer #3 · answered by Anonymous · 0⤊ 0⤋
After the divorce settlement the first wife isn't entitled to any assets of the husband. The second wife is titled to the assets and therefore repsonsibile for any remaning liabilities on those assets.
2007-07-13 08:29:51 · answer #4 · answered by broncoFan 2 · 0⤊ 0⤋
Absolutely, she is the surviving spouse. She will get any assett that is not willed else where. The first wife will have a choice of his or her own Social Security at the time she is retirement age. That is if she was married to him a full 10 years.
2007-07-13 07:26:11 · answer #5 · answered by New Nana 4 · 1⤊ 0⤋
I think it depends on which state you live in, but it is usually 1/2 to the children and 1/2 to the new wife.
2007-07-13 07:24:51 · answer #6 · answered by lissie 4 · 0⤊ 2⤋
2nd wife gets house and vehicle
2007-07-13 07:28:18 · answer #7 · answered by Arthur W 7 · 0⤊ 0⤋
aS FAR AS THE VEHICLE IS CONCERNED THE 2ND WIFE GETS IT; IN MOST STATES W/OUT A WILL, PROBATE AUTOMATICALLY AWARDS 2/3 OF AN ESTATE TO ANY SURVIVING CHILDREN & THE 1/3 TO PRESENT SPOUSE.
THESE LAWS VARY STATE TO STATE SO GET A LAWYER ON BEHALF OF YOUR CHILDREN AND ACT AS CUSTODIAN FOR THEM. PPL GET FUNKY WHEN IT COMES TO MONEY !!!!
THOUGHTS & PRAYERS ARE W/YOU & YOUR CHILDREN!
2007-07-13 07:29:48 · answer #8 · answered by betharoo63 2 · 0⤊ 0⤋
if 2nd wife is non title all the property goes to her along with the payments!
2007-07-13 07:37:19 · answer #9 · answered by Anonymous · 0⤊ 0⤋
the second wife gets it because she is on the title deeming her as an owner.
2007-07-13 07:25:58 · answer #10 · answered by Kelly M 2 · 1⤊ 0⤋