Users' questions

Can I make a will without my husband knowing?

Can I make a will without my husband knowing?

An adult can make a valid will without notifying their wife or husband. Not telling a spouse would be unusual, but not illegal.

Who is the spouse of a deceased person?

A spouse is a person who was legally married to the decedent, or, in some states, a Registered Domestic partner.

What happens if there is no living husband or wife?

But if the Decedent didn’t have a living husband or wife, then the Decedent’s children have equal rights to each other. If the relative with the prior right does not want to administer the estate, then they can sign a renunciation and waiver.

When does a spouse lose their inheritance rights in Florida?

Under Florida intestate law, a spouse will lose all inheritance rights when he or she divorces the decedent. But if the decedent passes away during the divorce process or after the couple become separated, the spouse will maintain inheritance rights.

Can a spouse file for administration of small estate?

In general, the “closest distributee” can file for administration or small estate. This means that the Decedent’s husband or wife has a prior right over the Decedent’s children to file. But if the Decedent didn’t have a living husband or wife, then the Decedent’s children have equal rights to each other.

Can a spouse sign a waiver of spousal rights?

Usually the insurance company needs to be put on notice of such waiver of spousal rights. In some cases, the insurance company may ask the spouse who wishes to waive his/her rights to sign a consent form. In order to be valid, agreements waiving spousal rights must comply with state law requirements.

When do both husband and wife have to sign a til?

(ii) If the state retains dower or curtesy rights (rights in estate of husband/wife), both husband and wife must execute documents (mortgage, rescission and TIL).

Do you have to sign your marriage license in every state?

Essentially all non borrowing spouses must sign throughout the nation unless the subject property is in a state that is a common law jurisdiction without applicable homestead exemptions. Below is a chart with a state by state breakdown:

Can a spouse waive their rights to a life insurance policy?

If a spouse wishes to waive his or her right to a certain life insurance policy, the couple may sign an agreement specifying the policy will be considered separate (not community) property. Usually the insurance company needs to be put on notice of such waiver of spousal rights.