Texas Intestate Succession Law The spouse inherits all community property, one-third of the deceased's separate personal property, and a life interest in the real estate.
Texas law sets forth general guidelines for calculating spousal maintenance, including limitations on the amount and duration of payments. The court-ordered monthly amount of spousal maintenance can be at most $5,000 or 20% of the paying spouse's average monthly gross income, and whichever is lower of those two.
If the estate does not include a homestead, the surviving spouse can request an allowance from the estate of up to $45,000. While a surviving spouse generally cannot elect between the homestead and the allowance,11 an allowance in lieu of homestead may be authorized when there is insubstantial equity in the home.
Monthly Maintenance Needs Allowance (MMNA) The MMNA ensures that the healthy spouse who continues to live in the couple's home maintains a certain amount of monthly income while their partner receives their Medicaid long-term care coverage. (Learn more about the ins and outs of MMNA.)
$1200 OAS, $100 CPP, $800 GIS Payment: In October 2024, Canadian seniors who qualify will receive several government benefits such as the Old Age Security (OAS), Canada Pension Plan (CPP), and Guaranteed Income Supplement (GIS).
The surviving spouse must apply for this allowance through the Clerk of Court within one year of the deceased spouse's death. The deceased spouse or surviving spouse must have been a resident of North Carolina. This allowance will be exempt from any lien, judgment, or other creditor claims in the decedent's estate.
The Community Spouse Resource Allowance (CSRA) is $109,560 and the Minimum Monthly Maintenance Needs Allowance (MMMNA) is $2,739.
In 1988, Congress enacted provisions to prevent what has come to be called "spousal impoverishment," leaving the spouse who is still living at home in the community with little or no income or resources.
Spousal impoverishment rules are federal Medicaid regulations that are intended to prevent non-applicant spouses from becoming poverty-stricken in order for their applicant spouses to qualify for long-term care Medicaid.