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 [...]
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 [...]
When are you dead, Part 2.
I recently wrote on the issue of when are you dead for probate purposes here. The issue is important because Texas has a statute that says that if a person gives you something in their will and you don’t survive them by 120 hours, it is presumed that you predeceased them. The gift then goes [...]
When are you dead for inheritance purposes?
Texas Probate Code §47 provides that if you don’t survive the decedent by 120 hours, it will be deemed that you predeceased him. The same applies for jointly owned property with right of survivorship. When people own property as joint tenants with right of survivorship, the survivor gets all of the property. If the joint [...]
What is a putative spouse?
A putative spouse is one who, in good faith, thinks that he or she is married when they are not. I’ve written a brief description of a putative spouse and their inheritance rights at our web site, www.TheProbate.Net.
Do illegitimate children have inheritance rights?
Before 1991, illegitimate children in Texas could only inherit from their biological parents if the parents eventually got married or if the father acknowledged the child through some authorized manner. The Supreme Court has declared unconstitutional those statutes that limit illegitimate children’s inheritance rights . However, there are still many problems for illegitimate children to [...]
What happens if a beneficiary dies before the Testator?
The word for today is “lapse.” If a Testator gives something to someone (the beneficiary) in his will, what happens if the beneficiary dies before the Testator? The general rule is that if the beneficiary is a descendant of the Testator, i.e. his children or grand children, the gift goes to the beneficiary’s descendants. The [...]
Do you get an inheritance if you never knew your father? Or mother?
Occasionally, the situation will arise were a child is born but never knows one of his parents. This may happen because the mother and father were never married. It could happen because the mother and father were married but for whatever reason, the father left before the child was born or shortly thereafter. It could [...]
Who inherits your property if you die intestate (without a will)?
Separate property – 1. If there is no spouse – all to children. If there are no children then to parents. 2. If there is a spouse – a. If no children – all personal property to spouse; one half of real property to spouse, balance to parents. If no parents living and no brothers [...]
What is the difference between community and separate property?
Texas is a community property state. The word community in community property refers to the marital community; the marriage between you and your spouse. If you are not married, you do not have any community property. You only have separate property. Community property is all property acquired during the marriage except property acquired by inheritance [...]
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- Supreme Court rules children born by IVF not entitled to social security benefits.
- In Developing Countries, Lack of Inheritance Rights for Women May Depress the Country’s Economy
- Do the Witnesses to a Will Have to Know They are Witnessing a Will?
- BBC reports that 20% of Wills in the UK May Contain Mistakes
- Is There an Attorney Client Privilege in a Will Contest?
- Change In Massachusetts’ Probate Law Benefits Spouses.
- Do Ex-pats Worry About Inheritance Laws?
- “You never really know a person until you’ve shared an inheritance with them”
- Will contest in Australia.
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