In Developing Countries, Lack of Inheritance Rights for Women May Depress the Country’s Economy
In a posting on the World Bank’s blog, there is an article that points out that wives and daughters don’t have the same inheritance rights as husbands and sons in developing countries. In those countries, ownership of land is important and keeping that land in production benefits the whole economic climate. However, since women’s inheritance [...]
Change In Massachusetts’ Probate Law Benefits Spouses.
A note posted on the Lowell Sun’s website states that a recently passed Uniform Probate Code in Massachusetts made changes in the law of intestate succession. Before, when a person died without a will, the spouse and children divided the property. Under the new law, the spouse takes it all. Texas has a similar law [...]
A Starting Point for a Will Contest is an Unnatural Disposition.
When a person is deciding whether or not to contest a will, one of the first things to look for is an unnatural disposition of the property. An unnatural disposition is one where a beneficiary of the will is not someone who most people would think of as a natural object of the testator‘s bounty. [...]
The growing problem of “deathbed marriages” between an elderly patient and their money-seeking caregiver.
The Wall Street Journal ran an article on June 11, 2011 entitled “Unholy Matrimony: How to Fight Back” about the growing problem of marriage between an elderly patient and their money-seeking caregiver. These cases differ from the normal case where a caregiver gets the elderly person to change their will to benefit the caregiver because [...]
Who gets the decedent’s last pay check?
If a husband or wife dies unexpectedly, the surviving spouse is often plunged into a financial crisis. The dead spouse’s final paycheck is needed just to keep the household above water. The employer may not want to give the surviving spouse the last paycheck because a later appointed executor or administrator may demand the money [...]
What are the Inheritance Rights of a Spouse?
There is a movie titled “It’s complicated.” That title describes the inheritance rights of a spouse. It’s complicated because of defining who is the spouse, what property the spouse inherits and what is the status of any children. The inheritance laws are used to determine who inherits if there is no will or if a [...]
In a will, when does “till she dies” mean forever?
Inheritance cases sometimes present unusual problems. A man left a holographic will. The entire will read “Last Will & testament Debbie gets everything till she dies. Being of sound mind & this is my w. last will & testament. I leave to my Wife Daphne Craigen all p. real & personal property. 12-17-99 Dalton Craigen.” Everyone involved [...]
Does your wife or husband get part of your inheritance when you divorce?
The short answer is no. The long answer is, it depends. Texas is a community property state. That means that a husband and wife have community property and separate property. Separate property is everything acquired before marriage and everything acquired during marriage by gift or inheritance. Everything else is community property. At the termination of [...]
Does a spouse inherit all the community property if the other spouse dies intestate (without a will?)
It depends on when the person died. Prior to 1993, if a spouse died intestate who had children, his estate went to his children, not to his spouse. Of course, his spouse would have a homestead right to remain in the home but the deceased spouse’s ownership interest in the home would be owned by [...]
Who gets the money if a man names his ex-wife as beneficiary in a life insurance policy?
A husband and wife of 25 years filed for divorce. The husband agreed to pay alimony until 2001. He also agreed that he would obtain an insurance policy and name his ex-wife as beneficiary “to a portion of the proceeds on such policy in a face amount sufficient to pay the then remaining alimony payments…” [...]
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