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Richard, Attorney
Category: Legal
Satisfied Customers: 53715
Experience:  Attorney with 29 years of experience.
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If a married couple living in separate households and the husband

Resolved Question:

If a married couple living in separate households and the husband that remained in the
martial property house dies and does not leave a last will and testimony. That property is in both husband and wife name. Does it become property of the surviving wife?

Can a relative of the husband come in and pack up the property, claming the deceased told
them everything has already been didvided but nothing is stated in writing?

Is this not martial property that should go to the surviving spouse?

Can something be done to stop the other relatives from removing property from this resident before it goes to Probate?
Submitted: 4 years ago.
Category: Legal
Expert:  Richard replied 4 years ago.

Good evening. How was the property titled? Tenants in common; tenants by entirety; joint tenants with right of survivorship? Did the deceased spouse have any children either by the surviving spouse or by a previous relationship? Thanks.

Customer: replied 4 years ago.

Joint tenants with the survivorship.

Yes, one 24 year old daughter that we gave the option of staying one year, to find a job and get on her feet because she lost her job and was down on her luck. She is from a previous relationship. My husband and I was married 21 years. She visited but was never

a family inhouse member until she came to stay the year back at the end of February 2010.

All she brought to the home was her clothing and now she and her aunt are packing all of the household belongings as if they were hers and she's been there all her life.

Expert:  Richard replied 4 years ago.

Thanks. Since you owned the property as joint tenants with right of survivorship, the moment he died, you automatically became the 100% owner. With regard to his other assets that had no designated beneficiary....such as retirement plans, insurance policies, etc.....because he had a daughter by a previous relationship, you and the daughter would divide those assets equally.



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