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Impact of Remarriage on Estate Planning and Inheritance
https://legiswiki.com/en/p/10178/impact-of-remarriage-on-estate-planning-and-inheritance
Remarriage can significantly affect estate planning and inheritance, impacting both the distribution of assets and the rights of beneficiaries. Here are some key considerations: 1. Estate Plan Updates Remarriage often necessitates updating an existing estate plan to ensure it reflects the new famil...
Elective Share Rights in New York Estates
https://legiswiki.com/en/p/10175/elective-share-rights-in-new-york-estates
In New York, the Elective Share is a legal right that protects a surviving spouse from being completely disinherited by allowing them to claim a statutory portion of the decedent’s estate, regardless of the will’s provisions. This right is governed by New York’s Estates, Powers and Trusts Law (EPTL)...
The Impact of a Parent's Death on Property Ownership Among Siblings and Step-Parents
https://legiswiki.com/en/p/10160/the-impact-of-a-parents-death-on-property-ownership-among-siblings-and-step-parents
The impact of a parent's death on property ownership among siblings and step-parents depends largely on whether there is a valid will and the applicable inheritance laws. 1. Role of a Will: If the deceased parent left a valid will, it typically governs how the estate, including property, is divided...
New York Intestacy Laws and Estate Distribution
https://legiswiki.com/en/p/10173/new-york-intestacy-laws-and-estate-distribution
New York's intestacy laws, outlined in the Estates, Powers and Trusts Law (EPTL), govern how a decedent's estate is distributed when there is no valid will. The distribution is based on the decedent's marital status and the presence of children or other relatives. Distribution Rules Spouse and No...
Effect of a Parent's Death on Property Ownership and Inheritance Rights of Children in NC
https://legiswiki.com/en/p/10156/effect-of-a-parents-death-on-property-ownership-and-inheritance-rights-of-children-in-nc
The death of a parent in North Carolina significantly affects property ownership and inheritance rights of their children, especially when the parent dies without a will (intestate). Here are the key points regarding how property and inheritance rights are handled under North Carolina law: 1. Intest...
How Retirement Accounts and Investments Are Divided in Utah
https://legiswiki.com/en/p/10028/how-retirement-accounts-and-investments-are-divided-in-utah
In Utah, the division of retirement accounts and investments during divorce follows specific legal principles and procedures designed to ensure equitable distribution of marital assets. Retirement Accounts Division: Qualified Domestic Relations Order (QDRO): To divide retirement funds such as 401(...
Role of Contributions by Each Spouse in Equitable Distribution
https://legiswiki.com/en/p/10022/role-of-contributions-by-each-spouse-in-equitable-distribution
The role of contributions by each spouse in equitable distribution is central to how courts determine a fair division of marital property during divorce proceedings. Contributions are broadly understood to include both economic (financial) and non-economic (non-financial) efforts made by each spouse...

Surviving Spouses

Definition of Surviving Spouse

A surviving spouse is the legal husband or wife who remains alive after their partner has passed away. This term is commonly used in legal contexts such as inheritance, estate administration, and taxation.

Legal Rights and Entitlements

Surviving spouses often have specific rights and entitlements, which can vary by jurisdiction. These may include:

  • Elective Shares: In some states, a surviving spouse may be entitled to a portion of the estate, even if they are not included in the will.
  • Exempt Property: Surviving spouses may receive certain personal property, such as furniture and vehicles.
  • Family Allowance: They may be eligible for a living allowance from the estate to cover living expenses during probate.
  • Homestead Life Estate: In some cases, a surviving spouse has the right to live in the marital home or receive an interest in it.
  • Social Security Benefits: Surviving spouses may be entitled to survivor benefits from Social Security.

Specific Legal Definitions

In certain legal contexts, there are specific requirements for being considered a surviving spouse. For example, under 50 USC § 2002(a)(3), a surviving spouse must have been married for at least nine months before the spouse's death, unless the death was accidental or they had been previously married. Similarly, under 38 USC § 7297(a)(5), the marriage must have lasted at least one year before the spouse's death, or there must be a child from the marriage.

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