what is the law when a person dies and her spouse has not lived with her for 30 years and she has children?
452516
The general rule is that a spouse is entitled to his elective share.  If there is no will, the spouse is entitled to whatever that state says spouses get (usually at least a third if there are children; in some states 100% even with children).  The quality of the marriage is NOT an issue and is irrelevant.  If the woman didn't want him to inherit from her, she could have gotten divorced.\n\nAn insurance policy is paid to the beneficiary.  It is not a probate asset.  The spouse cannot usually claim it.  There may be some circumstances (where, for example, the wife was mandated to elect the spouse but didn't) where he might be able to claim the proceeds of insurance.\n\nIf back child support based on a child support order or agreement is due, the estate of the decedent may be able to sue the husband for it.  In some cases the children might be able to proceed directly.  States may have statutes of limitation that cut off one's ability to claim child support beyond a certain point - five years is probably a good average.\n\nIt sounds like the children need to consult a good estates attorney in their area.  Go to the website for the National Academy of Elder Law Attorneys and find a Certified Elder Law Attorney in your area.  http://www.naela.com/Applications/ConsumerDirectory/index.cfm
946293
this is the law as it reads.  I hope you can figure it out from here.\n\nArt. 2375. Effect of judgment\n\nA. Except as provided in Paragraph C of this Article, a judgment decreeing separation of property terminates the regime of community property retroactively to the day of the filing of the petition or motion therefor, without prejudice to rights validly acquired in the interim between filing of the petition or motion and rendition of judgment.\n\nB. If a judgment has been rendered on the ground that the spouses have lived separate and apart either after the filing of a petition for divorce without having reconciled or for six months, a reconciliation reestablishes the regime of community property between the spouses retroactively to the day of the filing of the motion or petition therefor, unless prior to the reconciliation the spouses execute a matrimonial agreement to the contrary. This agreement need not be approved by the court and is effective toward third persons when filed for registry in the manner provided by Article 2332. The reestablishment of the community is effective toward third persons when a notice thereof is filed for registry in the same manner.\n\nC. If a judgment is rendered on the ground that the spouses were living separate and apart after the filing of a petition for divorce without having reconciled, the judgment shall be effective retroactively to the date the original petition for divorce was filed, without prejudice to rights validly acquired in the interim between filing of the petition or motion and rendition of judgment. All subsequent pleadings or motions involving matters incidental to the divorce must be filed in the first filed suit.
262057
There is usually some type of legal protection for "Common Law" marriages, which are people who live together for many years without marriage.  You will probably have to get a lawyer to help you, though.
72700
You'll have state laws wherever you live, and it will have to be settled through probate within a year of her death (not settled within a year, but go to probate before the year is up).  Other than IRS debts you can usually get out of paying any bills at all if you want to.  If it was a block community grant that helped her out? well, you decide.  But if there is any kind of lien on her house that would have to be settled.  Probate gets you through all of this and will tell you what to do but you should, in no way, end up owing any money to anyone out of your pocket.  Also, don't pay any bills now even if you have her money, just notify debtors of her death, you may need to send a death certificate to them and they will want one Without cause of death indicated, and they'll send the final bill.
457773
Transfer on death means that one person owns something and passes it on to another person upon their death.  For example, if a parent specifies that ownership of thier home will transfer on death to their children, then the children have no ownership rights until the death of the parent.  Joint tenants with right of survivorship means that both (or all if more than 2) own it as long as they are both living, but upon the death of either, full ownership would immediately transfer to the other(s).  This is often the way a husband and wife own property together so that, upon the death of one, the other becomes the sole owner of the property.  It is important to give careful consideration to these kind of things to be sure your wishes are met and that you do not create an unnecessary tax burden for your heirs upon your death.  For example, suppose a man with 2 children marries a woman who also has 2 children and the man and woman are in an accident and both are killed, but the man is pronounced dead 10 minutes before the woman.  Because the man died first, the woman now becomes the sole owner of the home and, in the absence of a will or other instrument to designate a different outcome, the 2 children of the woman would now own the home and the 2 children of the man would have nothing.  Think carefully about what could happen and be sure your wishes are clearly defined and implemented.  You may want to consult an Attorney to be sure this is done correctly.
495867
there sadly are no laws.\nyou can however raise that child (adopt he or she) and give the child a life their mother wont be able to give. and i'm sure you don't want your grandchild seeing all their mother does and turn into their mother.\n\nsadly that's the only "fix" in this, just have your son's partner talk with you about it see if she likes the idea, or if she doesn't and you have proof she's a danger to the child as well, call children's services and mention if possible since the child is your departed son's that you'd like to raise the child.\n\nalthough, she'll get what's coming to her when Christ returns to the earth, so justice will be made, I'm sorry for your loss, do not hate her, it's a sin, forgive and forget her, hold onto your son's memory and know one day all who do wrong against you will get there's in the end
250265
Possibly yes after a person dies the debt collectors go after the estate. So if her name was on the deeds the might be able to. It is something to talk to a lawyer about.
998059
If theres no WILL then it goes to wife and children
360181
It really depends on the state. Which lawyer were you talking to? Hers? Yours?  \n\nIn many states only the wifes 1/2 of the community property is hers.
418448
In all 50 states, family law pretty much is consistent in that the custodial spouse must allow contact unless he/she can prove that such is not in the interests of the child/children.\n\nYou should seek a lawyer or complain to the Child Support Enforcement agency in the state where she resides.\n\nBe patient.  You kids will be around for a long time, never loose your cool.  This is a life-long comiitment, not something that can dealt with quickly.\n\nGood luck.  You're doing the right thing.
817861
The executor of her estate will have the power after she dies, as far as I know.  But I am honestly not totally certain.  Good luck!
46169
When a couple has been together for a really long time, lets say 40-50 years+ and they had a happy marriage and then one of the spouse passes away, and the other spouse doesn't get over their grieving,or they lose hope, or they don't have any determination to go on living, their can body shut down and they can end up getting sick or die from a "broken heart".They can die within days,weeks,or a couple of years. Because people need love like they need food and water. Just like babies. If they are not held or nurtured, they can die or they get sick or their body delays growth. But anyway, if you are brave enough you can go down to the cemetary and you can look at the headstones of couples and the calculate how far apart they died.
994868
Well that's up to the kids. Do you mean as far as a burial or cremation? I mean what are you asking? If the person had nothing when they died there is nothing for the kids to get but debt when they bury them. If the Kids don't want to do that the state will put them in a paupers grave some place.
563751
EVERY SITUATION IS DIFFERENT.  It took me FIVE count them 5 years to get my divorce. If you know for a fact that the marriage is over (by meeting the ex or a child if they have one) AND you know the one you are seeing is living apart from their spouse then it is fine.  INVESTIGATE the person and make sure that they are telling you the truth.
56909
It will be listed in the QDRO (Qualified Domestic Relations Order). Typically, if your ex-wife had no retirement assets of her own, the QDRO would require you to transfer one half of your accumulated retirement assets to her. this percentage is not written in stone and your QDRO could be different. If by "retirement benefits" you are referring to a pension or other defined benefit type plan, the QDRO will also spell out how that would be treated. If your divorce is complete your attorney should be able to help you decipher the QDRO.\n\nAlso, child support payments are only made as long as the child is a minor, unless some other circumstance (i.e. a special needs child) causes the judge to alter the norm.
170947
Depends on State Law of the State you are in. But most states have a in testate clause (means without a will) that has a heirarchy of hiership, and yes your deceased siblings children would be intitled to that part he&#92;she would have recieved if still alive. Go to WWW.STATE.(whatever state you are in).org and there should be a link to state legislature.
196831
Was the spouse on Social Security? He/she may have been enitiled to Medicare benefits and you can send bills there to get paid. You may be eligible for surviving parents benefits if you have a child of deceased in your care.  Also depending on your age, you may be eligible for widow/ers benefits. Go to SSA.Gov for informtion. If you spouse was working contact the HR office at their place of work. Good Luck!