Right Inheritance Wife With Love
Description
How to fill out Agreement Waiving Right Of Inheritance Between Husband And Wife In Favor Of Children By Prior Marriages?
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FAQ
If your spouse left a will, then, for the most part, their assets will be distributed ing to the terms of that will. However, because California is a community property state, all assets acquired during the marriage are presumed to be owned equally by both spouses.
Unless someone co-signed the loan or is a co-borrower with you, nobody is required to take on the mortgage. However, if the person who inherits the home decides they want to keep it and take over responsibility for the mortgage, there are laws in place that allow them to do so.
California is a community property state, which means that following the death of a spouse, the surviving spouse will have entitlement to one-half of the community property (i.e., property that was acquired over the course of the marriage, regardless of which spouse acquired it).
As the surviving spouse, you have a right to inherit from your husband's estate. How much of the estate you are entitled to and what other rights you have may vary, based on the complexity of the estate, whether there was a will, if others will be inheriting, and if the will is being contested.
While the mortgage debt survives the deceased person, the responsibility for paying it back doesn't automatically transfer to anyone other than a surviving spouse in a community property state, again unless there is a co-signer.