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Questions about Inheritance Laws

Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. Many times inheritance is documented in a will and passed on after death to the heir. There are many inheritance laws in the USA that can lead to legal questions. Below are five of the top inheritance law questions that have been answered by Estate Lawyers on JustAnswer.

In Missouri can the spouse of the deceased ignore the will and refuse to divide the inheritance between the children?

Missouri has an intestate succession law where the children could inherit under that law. Inheritance laws can often be complex if you do not fully understand them. That is where Estate Lawyers on JustAnswer can help. Estate Lawyers offer knowledgeable answers to the toughest inheritance law questions covering all states.

Do adopted kids share the same inheritance in Texas?

Normally, the inheritance law in Texas allows adopted children to be treated the same way as non-adopted children. However, following the death of the adoptive parent the adopted child does not automatically receive any inheritance unless it is written in the will.

Can a spouse of the deceased receive any of the inheritance if they were married in a different state?

At the time of the death of the spouse, if the couple was married and if there was a will in place, then that would normally determine the inheritance. One of the other stipulations is children. If there are children, the inheritance may be split among them. If there are no children, then the inheritance could solely be received by the living spouse regardless of the state they were married in.

When was the forced inheritance law changed in Louisiana?

On October 21, 1995 the forced inheritance law was approved by the Louisiana voters.

Is a widow entitled to any inheritance in the state of Mississippi?

The spouse in normally the first to receive the inheritance. If there are any living children, the children will receive the inheritance first. If there is a will involved then the inheritance will be divided according to how the will is written out. Many states have inheritance taxes or death duties, under which a portion of any estate goes to the government. Inheritance laws can also be confusing because many states have different inheritance laws. Estate Lawyers on JustAnswer can help answer any question you may have regarding inheritance laws.

Ask an Estate Lawyer

Thomas McJD
Thomas McJD, Attorney
Category: General
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
19305272
Type Your Estate Law Question Here...
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2 Estate Lawyers are Online Now

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Estate Lawyers are online & ready to help you now

Thomas McJD
Attorney
Satisfied Customers: 3076
Wills, Trusts, Probate & other Estate Matters
Infolawyer
Attorney
Satisfied Customers: 3781
Licensed attorney helping individuals and businesses.
Barrister
Attorney
Satisfied Customers: 2188
13 yrs estate law, real estate. Wills/Trusts/Probate

Recent Inheritance Law Questions

  • California inheritance law regarding separate property versus community property: My wi

    California inheritance law regarding separate property versus community property:
    My wife’s first husband died in 1993 at 42 years old without leaving a will. He is survived by his brother and his wife (who is now my wife).
    If my wife’s first husband had lived and were still alive, he would be an heir to a share of a legal settlement awarded to his deceased ancestors over an event occurring decades before marrying my wife. Specifically, the East German government is awarding money to Jewish victims, and their heirs, who lost property due to Nazi persecution. The East German government regards ***** ***** of an heir (like my wife) to be an heir if the State of California recognizes her to be an heir.
    Is the compensation money award that would go to my wife’s first husband considered his separate property, or community property? The award is occurring after the deceased got married for an event that occurred before the deceased got married.
    If the State of California consi
  • hello. I am trying to find out what the inheritance law is

    hello. I am trying to find out what the inheritance law is in CA..This is a property that my former husband & I bought in our marriage...It's a share of a building in NYC.. My husband re-married & had no children with his second wife...He had a daughter with his first wife...My former husband died & left no will & his second wife went thru probate & believes or was told that she now owns that share...In the divorce papers this property was named as a separate property owned by the the man & his first wife.. The 2nd wife wants to sell her share but now we don't know if the daughter is entitled to her inheritance...How can we proceed? Thank You...Natalia
  • A Korean born male, but naturalized as a U.S. citizen, died

    A Korean born male, but naturalized as a U.S. citizen, died in 2013. Before his death, he worked and also attended school in California. He died without a will, was not married and had no children. His only asset, a small apartment, is located in Korea. Under the Korean law, the inheritance law of the country where the deceased is a citizen of governs, in this case California state. I see that under the California intestate succession law, his parents stand to inherit the apartment.

    In order for the parents to sell the apartment or to change the ownership to their name, the Korean recorder of deeds office is requiring a formal document or documents which will allow them to process the inheritance. Because the item to be inherited is a real property, it is possible under the conflict of laws the law of the place of the country where the real property is located is applicable. Many of the states in the U.S. appear to have a provision which specifically states that the law of the place or the country where the real property is located is applicable. I was not able to find such a specific provision under the California probate code.

    Rather, in an article I found a reference to a case and a comment about the case. In re Estate of Hisey, Civ. No. 7383, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, 106 Cal. App. 678; 289 P. 889; 1930 Cal. App. LEXIS 675, June 26, 1930, Decided
    Even though it related to a Will situation, it also related to partial intestacy and includes the following statement: "The rule is so well established and understood that the laws of the state where realty is located, or the lex rei sitae, govern the transmission of land within the state that it seems superfluous to make reference to authorities announcing the rule."

    In the same article, it was also mentioned that Hisey has never been overruled or questioned.

    Under the California law, does the law of the country where the property is located govern? If so, can a California probate attorney provide me with a legal opinion letter stating that the law of the Korea will govern?

    Thank you
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