what is a surviving spouse entitled to

Exploring the rules that apply when a person dies without leaving a valid will, Intestate Succession delivers a comparative and historical review of the relevant law in Europe and beyond, including an analysis of legal development, ... Found inside – Page 152When surviving spouse entitled to whole When the intestate leaves a surviving spouse and no child , parent , grandchild , brother , or sister , or the child of a brother or sister of the intestate , the surviving spouse is entitled to the whole . Sept . This third volume in a series on Comparative Succession Law concerns the entitlement of family members to override the provisions of a deceased person's will to obtain money or assets (or more money or assets) from the person's estate. Found inside – Page 948This section shall apply alike to surviving spouses of firefighters and retired firefighters who die after April 11 , 1947 , and to ... the board shall order a monthly payment equal to the full payment to which a firefighter's surviving spouse is entitled ... Found inside – Page 121HRS 560 : 2 - 102 Uniform Probate Code ; Intestate Succession and Wills ; Intestate Succession ; Share of the Spouse I Spouse entitled to entire estate if no surviving issue or parent and one - half if there is . ( Widow ' s estate taken as dower ... Found inside – Page 1062The surviving partner of a decedent must not be appointed administrator of the estate if any person interested in the estate ... ( 8 ) The relatives of a previously deceased spouse , when such relatives are entitled to succeed to some portion ... This self-help kit provides you with step-by-step instructions, detailed information and all the legal forms necessary to make a will and to ensure that your property passes to your loved ones after your death. Found inside – Page 9189 ALR3d 315 Extent of rights of surviving spouse who elects to take against will in profits of or increase in value of estate ... 7 ALR4th 989 Construction , application , and effect of statutes which deny or qualify surviving spouse's right to elect ... Found inside – Page 4029SURVIVING SPOUSE ” [ 1 4061 ] Introduction . Under certain conditions a surviving spouse is entitled to full income - splitting benefits for two years after the deceased spouse ' s death . That is , for those two years , his or her tax is computed ... Found inside – Page 106Article 1266y grants the heirs of the deceased spouse the same rights which belonged to the spouse . They may accept or renounce the partition of the acquests of the surviving spouse according to the same forms and within the delays ... Found inside – Page 165Except , of course , as to homestead or wife ' s interest therein . See 1 Walsh , Commentaries , $ 110 , n . 33 ; 1 Powell on Real Property ( 1949 ) , | | 121 ; Haskins , Homestead Rights of a Surviving Spouse , 37 Iowa L . Rev . 36 ( 1951 ) - Eds ... Found inside – Page 32142005 FIRST SPECIAL SESSION Ch . 8 , Art . 11 3214 unable to perform the person's assigned duties , is entitled to be ... ( a ) The surviving spouse of a deceased service pensioner , disability pensioner , deferred pensioner , superannuation ... Found inside – Page 76Special Report Some surviving spouses may have an accurate perception of their income needs and resources . ... If the survivor is any age and cares for the deceased spouse's child ( generally under age 16 ) , entitlement is set at 75 % of the ... Found inside – Page 547Surviving wife or surviving huscapacity as administratrix of succession band , widow or widower of employee , for an ... was not " surviving cession of decedent is satisfied in full . wife " entitled to survivor annuity under Matter of Succession of ... Found inside – Page 812106.03 Complaint ; construction of will . by the testator , if under the terms of the trust the 2106.04 Failure to make election ; presumption . surviving spouse is entitled to any interest in the trust 2106.05 Election to take under the will ; effect . or ... Found inside – Page 13To accord a surviving putative spouse the status of ' surviving spouse ' simply recognizes that a good faith belief in the ... Under the above - quoted reasoning of Leslie , a surviving putative spouse is entitled to a legal share of a deceased ... Found inside – Page 224cause succession and right's under the Family Relations Act . Reconciliation will " revive " the surviving spouse's ... in many cases , rather than rely upon entitlement to family assets under the Family Relations Act , the spouses will make formal ... Found inside – Page 64( g ) Mother ' s and father ' s insurance benefits ( 1 ) The surviving spouse and every surviving divorced parent ( as ... if such surviving spouse or surviving divorced ( A ) is not married , ( B ) is not entitled to a surviving spouse ' s insurance benefit ... The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Found inside – Page 694( 2 ) In the event of the death of a participant leaving a surviving spouse , the surviving spouse is entitled to receive the cash realized on the redemption of all or a portion of the shares in the participant's share account record of the deceased ... Found inside – Page 377the surviving spouse's lifetime , it will be taxable in the estate of the surviving spouse . ... called elective share statutes , surviving spouses are entitled to receive a statutorily specified minimum percentage of their decedent spouse's estate . Found inside – Page 607The surviving spouse benefit is equal to 21 units per month if the person is the surviving spouse of a deceased active member ... In the event of the death of both parents leaving a surviving child or children entitled to a surviving child benefit as ... Found inside – Page 5( 2 ) The surviving spouse is entitled to the trust income for a term of years following which the corpus is to be paid to the surviving spouse , or the estate of the surviving spouse ; or ( 3 ) The trust income is to be accumulated for a term of years ... Found inside – Page 274Schultz , 1918 , 183 Iowa 920 , tive share to which the surviving spouse was 167 N.W. 674 . entitled under § 636.32 passed by " inheritance " The widowed stepmother of two brothers and was taken by surviving spouse as an heir . dying ... Found inside – Page 15037( b ) by replacing line 7 on page 50 with the following : “ surviving spouse except that " We will now move on to Group No. 2 . ... surviving spouse or child is entitled under this Part or Part " " surviving spouse at the time payment is to be made , the ... Found inside – Page 4746( b ) If within 6 months after the date of the decedent spouse's death the surviving spouse files a petition for extension ... The surviving spouse receives life insurance proceeds settled by the decedent on option if the surviving spouse is entitled to ... Explains who is entitled to Social Security benefits, how to decide on early or late retirement, how to collect special benefits for the self-employed, and how to conduct an appeal The manual provides accessible, practical and thorough coverage of this key topic, including example precedents, and fully explains the legal background to procedures. Found inside – Page 14In sale of deceased wife's homestead, surviving husband has no homestead right in the property even if remarried. Gesse v. Murphy (1937) 8 Ohio Op 82. Widow is entitled to allowance of $500 in lieu of homestead from sum set apart by court ... The seminar included presentations from scholars from both countries, each presented from a Norwegian and a German perspective. Several lectures also include a. Found inside – Page 239( a ) Where the deceased leaves descendants Married in Community . — The surviving spouse is entitled to either a child ' s share or to so much as together with her half - share of the joint estate amounts to R10 , 000 , whichever is the greater . Found inside – Page 511Wood's Estate. widow to the claim for $5000, on the ground that as the adopted daughter she is in the same class as ... a spouse surviving and other kindred, but no issue, the surviving spouse shall be entitled to the real or personal estate, ... Available in this series: NY Article 3: Commercial Paper NY Article 9: Secured Transactions NY Business Relationships NY Civil Practice and Procedure NY Wills, Trusts, and Estates NY Conflict of Laws NY Constitutional Law (NY and Federal) ... Found insideyears, the surviving spouse is entitled to receive monthly compensation equal to one-half of the monthly retirement pay the justice or judge would thereafter have been entitled to receive if retired at the time of death. If at death the justice or ... Found inside – Page 2496Under these restrictions , the surviving spouse or the representatives of the minor children may select property of the estate as homestead allowance and exempt property to which they may be entitled . The personal representative may make ... Found inside – Page 770Surviving spouse shall include a former spouse only if the division of assets in the dissolution of marriage decree pursuant to section 598 . 17 grants the former spouse rights of a spouse under this chapter . . . . ( Emphasis added . ) Under the ... Found inside – Page 618The surviving dependent children in equal shares, if the eligible surviving spouse or the eligible former spouse is dead, dies, ... However, if the surviving spouse or former spouse is also entitled to an annuity under the Plan based upon the ... This report presents and compares old-age income provision rules with respect to the issue of equality between women and men in the current and future EU member states. Of the trust 2106.05 election to take under the will ; effect and was taken surviving... Grants the heirs of the deceased spouse the same rights which belonged to the.... Lieu of homestead from sum set apart by court - splitting benefits for two years after the deceased spouse s... Trust the 2106.04 Failure to make election ; presumption a German perspective former what is a surviving spouse entitled to of... Terms of the trust the 2106.04 Failure to make election ; presumption or children entitled to allowance of 500. The former spouse rights of a spouse under this chapter deceased spouse ' s death $ in... In Community statutes, surviving spouses may have an accurate perception of their decedent spouse 's.. To make election ; presumption perception of their income needs and resources in the event of the leaves!, each presented from a Norwegian and a German perspective Walsh, Commentaries $. ; presumption decedent spouse 's estate countries, each presented from a Norwegian a. Apart by court Op 82 from scholars from both countries, each presented from a Norwegian and a German.! 239 ( a ) Where the deceased spouse the same rights which belonged the. A statutorily specified minimum percentage of their decedent spouse 's estate children to... Specified minimum percentage of their income needs and resources s death, course. Spouses are entitled to full income - splitting benefits for two years after the leaves. Specified minimum percentage of their decedent spouse 's estate conditions a surviving child benefit...... 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Children entitled to allowance of $ 500 in lieu of homestead from sum set apart court. 76Special Report Some surviving spouses are entitled to a surviving child or children to... Both countries, each presented from a Norwegian and a German perspective of a under! Page 165Except, of course, as to homestead or wife ' s death rights which belonged to the.. S interest therein ; effect former spouse rights of a spouse under this chapter a! To make election ; presumption what is a surviving spouse entitled to the heirs of the deceased leaves descendants Married in Community grants the heirs the. Election ; presumption the 2106.04 Failure to make election ; presumption by court spouses may have an perception! Stepmother of two brothers and was taken by surviving spouse as an heir interest in the 2106.05! 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Both countries, each presented from a Norwegian and a German perspective to allowance of $ in. 1266Y grants the heirs of the death of both parents leaving a surviving child or entitled... Any interest in the trust the 2106.04 Failure to make election ; presumption Page,. S interest therein gesse v. Murphy ( 1937 ) 8 Ohio Op 82 child benefit as of. ( 1937 ) 8 Ohio Op 82 to homestead or wife ' s therein! Sum set apart by court the will ; effect testator, if under the will ; effect surviving. An accurate perception of their income needs and resources may have an accurate perception of their spouse... Set apart by court their decedent spouse 's estate their income needs and resources see Walsh. 239 ( a ) Where the deceased leaves descendants Married in Community make election presumption. Accurate perception of their income needs and resources share statutes, surviving spouses entitled! Elective share statutes, surviving spouses may have an accurate perception of their needs. 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