Normally, and subject to the existence of any estate planning documents, a surviving spouse is entitled to a significant portion of a deceased spouse’s estate. The amount which the surviving spouse receives from a default intestate distribution (i.e., one when there is no will or estate plan in place) will largely depend on if there…
Legal Articles
Transfers in Fraud of Marital Rights
Estate administration laws have several different pitfalls which can vastly change a probate estate. One of the more interesting scenarios that can occur is when a surviving spouse of a decedent attempts to nullify a conveyance for being “in fraud of marital rights.” The right to attack a conveyance in fraud of marital rights was developed…
Petition to Determine Heirship: Property & Probate After 1 Year
A probate estate must be opened in the county of the decedent’s domicile within one (1) year after the decedent’s death. This usually means that an applicant must apply for Letters Testamentary or Letters of Administration within that time and administer the estate consistent with the Will’s directives and/or with the statutory intestacy scheme. What…