Yes. In most states in the United States a spouse cannot be disinherited by a will. The spouse can file a claim under the doctrine of election. By filing such a claim, the surviving spouse is generally awarded an intestate share of the estate. You should consult with an attorney in your jurisdiction who can review your situation and explain your options.
In order to find a trust with life insurance proceeds the trust must be named as the beneficiary of the insurance policy. Then the trust documents specify what the funds are used for that are in the trust. If there are other life insurance policies that are still active and have other individuals named as the beneficiaries then the money from those policies cannot be placed into the trust and will be paid directly to the current beneficiary listed with the insurance company. The trust will have no claim whatsoever on these policies. It could be that these policies had their beneficiary changed when the trust was set up and the trust is the current beneficiary of them as well and he just didn't put the change form in the policy. Whatever is on record with the insurance company will be the person that the benefits are paid to no matter what.
No. Your homeowners will only cover personal injury if it occurs on the property listed on the policy.
Buying a house together indicates that the house would be marital property. A waiver signed before purchase means that either spouse is relinquishes any claim to the property, should the marriage end.
Insuring a Home You do not own.You can purchase a policy for a home you don't own but the legal owner must be listed as the Covered Person. Otherwise the Insurance Contract is invalid and no claim would be paid.
A different claim proposing another hypothesis
No.
If the life insurance policy had listed as the beneficiary the spouse only then it is not considered part of the estate and is not subject to claims. If the beneficiary is the estate then it is subject to claims. The only problem with the spouse being the only beneficiary is if she was a party to the claims personally then perhaps she and the proceeds from the life insurance could be subject to these claims.
The person named beneficiary is the sole recipient, the ex-spouse would not have a supportable claim to any portion of the death benefit.
Legally and contractually the named beneficiary is the beneficiary.
In the event that there is no surviving spouse, the death benefit would go to the contingent beneficiary. The contingent beneficiary is best described as "the runner up". This person should have been listed when the application for insurance was submitted. If for any reason this is not the case, the death benefit would then be subject to probate. You must also remember that people are human and do make mistakes and may have not listed your beneficiaries correctly. If that is the case the contingency beneficiary is the person named in you policy (which is the binding contract that the insurance company must legally be bound to). To be sure of what is true for your exact case get a free analysis from a team of professionals, just so there is no surprises. E-mail (freeinsuranceanalysis@yahoo.com).
You cannot disinherit your spouse in Tennessee. The surviving spouse has the legal right to claim a share of the estate. You should consult with an attorney who can review your situation and determine what your options are.
No, but you may need to ensure that the spouse if you are estranged cannot make a claim against this as an estate in the event of anything happening to you if that is what you want.
As a general rule, the surviving spouse can at least claim his/her community property interest in the property; the balance of the prop interest would be subject to claims by the decedent's heirs at law (children, siblings, parents, etc.). If there are no such heirs at law, then the surviving spouse should be able to claim 100%.
Under normal circumstances, no. A life insurance company will pay the proceeds to the named beneficiary.
Under the provisions of Kentucky law the the surviving spouse may elect to renounce the will and receive what he/she would have inherited under the state laws of intestacy. There is a statutory period of six months after the probate is filed during which a claim by election may be filed. You can read more about related issues at the link below.
In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.In the Modern Western World the husband has no claim to his wife's property that she acquired prior to marriage. He may have rights as a surviving spouse under state laws of intestacy if she died without a will.
It depends on what type of beneficiary his sister is.If she is his testamentary beneficiary (under his will) it depends on the laws in your jurisdiction. Many states allow a surviving spouse to make a claim agains an estate for a share that equals what they would have received under the state laws of intestacy if there was no will. This is called the doctrine of election. A claim must be filed quickly in the court where the will is being probated. You should contact the attorney who is handling the estate.If he arranged for his sister to be the beneficiary on a payable on death account or an insurance policy, those funds will be paid directly over to the beneficiary and do not become part of his estate.If you live in a community property state then you should consult with an attorney.