When one spouse dies, it is generally assumed that the surviving spouse takes over all they have left before death. However, it is not always the case, as several factors can influence what goes to the surviving spouse if anything.
If you have lost your husband and want to know what you may be entitled to as the surviving spouse, it is advised that you work with a probate attorney to know your rights and claim to any property your deceased spouse has left behind. This article will cover all you need to know.
Did the husband leave a will or trust behind?
One of the most important questions to answer when a wealthy spouse dies is whether or not they left a will. A will clearly states what goes to the beneficiaries named by the deceased. If the surviving spouse is named in the will, they get what they’re entitled to.
A trust also works similarly, as it permits the surviving spouse to lay a claim to the deceased’s estate as suggested by them (the deceased) to the third party (trust company).
Overall, one of the ways to know what a wife is entitled to when her husband dies is to determine if there is a written will or trust. If either or both arrangements are present, the wife gets whatever she is entitled to, as mentioned therein.
If the husband dies without a will
The laws regarding inheritance in cases where a husband dies without a will, also known as dying “intestate,” vary depending on the jurisdiction.
In general, when a husband dies without a will, the wife is usually entitled to a portion of the deceased husband’s estate. This portion may vary depending on the jurisdiction and whether the couple had any children.
In some cases, the wife may be entitled to the entire estate if there are no other surviving heirs, while in other cases, she may only be entitled to a portion of the estate if there are surviving children or other relatives.
It’s important to note that laws regarding inheritance and intestate succession can be complex, and it’s always a good idea to consult with an attorney who specializes in estate planning and probate matters to understand the specific laws and rules that apply to your situation.
What happens if a wife is left out of her late husband’s will?
If a wife is left out of her late husband’s will, the legal consequences will depend on the laws of the state where the will is being probated, the terms of the will, and the specific circumstances surrounding the omission. Here are a few possible scenarios:
1. Community Property States
If the deceased husband resided in one of the nine community property states in the US (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin), his wife might have a legal right to a portion of the estate, regardless of what the will says. In these states, spouses generally own an equal share of all property acquired during the marriage unless they have a prenuptial or postnuptial agreement stating otherwise.
2. Elective Share
In some states, even if a spouse is left out of a will, they may have the right to claim an “elective share” of the estate. This means that the surviving spouse can choose to receive a certain percentage of the estate (usually around one-third to one-half) instead of what they would have received under the will.
3. No Legal Right
In other states or countries, a spouse may not have any legal right to inherit from their deceased partner’s estate if they are not named in the will. In this case, the spouse may need to challenge the will’s validity or seek legal advice to determine if they have any other legal recourse.
It’s important to note that contesting a will can be a complicated and emotional process, and it’s always recommended to seek legal advice before taking any action.
Which assets can be transferred to a wife who has lost her husband
The assets that can be transferred to a wife who has lost her husband would depend on various factors such as the type of assets owned, the laws of the jurisdiction where the couple resides, and whether the couple had any estate planning in place.
In general, some assets that a wife may be entitled to receive upon the death of her husband include:
- Jointly owned assets: If the husband and wife owned assets jointly, such as a joint bank account or a jointly owned property, then the wife would automatically become the sole owner of those assets upon the husband’s death. These assets are not included in a will because they’re jointly owned, and the surviving spouse automatically assumes ownership.
- Assets passing by beneficiary designation: Some Investments, such as life insurance policies, retirement accounts, and annuities, allow the owner to name a beneficiary to receive the proceeds upon their death. If the husband had named his wife as the beneficiary of these assets, then she would be entitled to receive the proceeds. These assets are not included in probate.
- Assets passing by will or trust: If the husband had a will or a trust in place, he might have left specific assets to his wife. In this case, the assets would be transferred to her according to the terms of the will or trust.
- Intestate succession: If the husband died without a will or trust, the laws of the jurisdiction where the couple resides would determine how the husband’s assets are distributed. In many cases, the wife would be entitled to a portion of the husband’s assets, such as a percentage of the estate or a specific dollar amount.
Specific rules and procedures for transferring assets to a surviving spouse can vary depending on the jurisdiction and the circumstances of the situation.
Property the husband owned before the marriage
It is deemed that any property owned by a deceased spouse before the marriage remains his and can be distributed how he pleases. The deceased husband can name a different beneficiary even if the wife and children still live there.
However, as a legally married wife, you may have some legal protections that allow you to stay there until your children become adults. Some protections may even help you reside in the home permanently. This provision is referred to as the homestead rule.
Know what options you have by speaking with a professional.
Some peculiar situations to consider
When deciding what the wife is entitled to when the husband dies, certain situations are uncommon but valid and must be addressed. Below are some of them.
- Common-law marriage: If your common-law spouse dies, you are entitled to similar treatments as a legally married wife, depending on the state where the probate takes place. Different states have different laws on common-law marriages and what constitutes them. However, once you prove you are a common-law spouse, you should get the same treatment as a legally married wife.
- When the husband dies in the middle of a divorce: As long as the divorce was not concluded before the husband’s death, the couple is still considered married by law. This means that the wife still retains all her entitlements. Note, however, that the children, if old enough, can contest the validity of the marriage. This leaves the decision in the hands of the court.
Understanding the probate process
When a person passes away, their estate must go through the probate process. Probate is the legal process that ensures a deceased person’s assets are distributed according to their will, or if there is no will, according to state law.
The probate process can be complex and time-consuming, involving several steps. First, the court will determine whether the deceased person left a valid will. If there is a will, the court will appoint an executor to manage the estate. The executor’s duties include gathering the deceased person’s assets, paying debts and taxes, and distributing the remaining assets to the beneficiaries according to the terms of the will.
If there is no will, the court will appoint an administrator to manage the estate. The administrator’s duties are similar to those of an executor but must distribute the assets according to state law.
During the probate process, the court will also review and approve any expenses incurred by the executor or administrator. These expenses can include attorney fees, appraisal fees, and court costs.
The probate process can take several months or even years to complete, depending on the complexity of the estate and any challenges to the will or administration. In some cases, it may be possible to avoid probate through estate planning techniques such as trusts or joint ownership.
The probate process ensures that a deceased person’s assets are distributed according to their wishes or state law. While it can be complex and time-consuming, it is necessary to provide closure for the family and ensure the deceased person’s wishes are fulfilled.
Conclusion
The rights and entitlements of a wife after her husband’s death may vary depending on several factors, including the laws of the country or state, the existence of a valid will, and the terms of any applicable insurance policies or retirement plans.
Generally, a wife is entitled to a share of her deceased husband’s assets, including any joint property, bank accounts, and investments. She may also be eligible for survivor’s benefits from Social Security or other pension plans. It is important to consult with a legal professional to understand the specific laws and regulations that apply to your situation to ensure that you receive the entitled benefits and support during this difficult time.
