When a spouse dies, what does the surviving spouse inherit? As with most legal questions, the answer is: “It depends”! If you’re a surviving spouse trying to figure out how much of your deceased spouse’s property you stand to inherit, there are numerous factors to consider.

In this video, Daniel Hunt (Certified Specialist in Estate Planning, Trust & Probate Law) explains the basic factors involved in determining what the surviving spouse inherits.

Check out our blog post on this topic:

If you or someone you know has questions about this topic, our office is here to help. Learn more at dhtrustlaw.com.

This video is solely for the purpose of education and should not be construed in any way to represent an attorney-client relationship between the Law Offices of Daniel A. Hunt and the viewer….(read more)

LEARN MORE ABOUT: IRA Accounts

CONVERTING IRA TO GOLD: Gold IRA Account

CONVERTING IRA TO SILVER: Silver IRA Account

REVEALED: Best Gold Backed IRA

Losing a spouse is a devastating event that can leave the surviving partner with many questions and uncertainties. One of the common concerns that people have after the death of their spouse is regarding what they will inherit from their partner’s estate. In order to understand what a surviving spouse will inherit, it is important to consider a few key factors.

First and foremost, the inheritance rights of a surviving spouse will depend on whether the spouse died with or without a will. If the deceased spouse had a valid will in place, the surviving spouse will typically inherit according to the terms outlined in the will. This means that the deceased spouse can choose to leave all or a portion of their estate to their surviving partner.

If the deceased spouse died without a will, their estate will be distributed according to the laws of intestacy in the state where they resided. In most states, the surviving spouse will inherit a significant portion, if not all, of the deceased spouse’s estate. This is because state intestacy laws are designed to ensure that the surviving spouse is provided for after the death of their partner.

It is important to note that assets held jointly by the married couple, such as a joint bank account or a home owned as joint tenants, will typically pass directly to the surviving spouse outside of the probate process. This can provide the surviving spouse with immediate access to these assets without the need for a formal legal proceeding.

In addition to the deceased spouse’s estate, the surviving spouse may also be entitled to certain benefits and entitlements. For example, the surviving spouse may be eligible to receive Social Security benefits based on their deceased partner’s work record. They may also be entitled to pension benefits, insurance proceeds, and other financial assets that were held in the deceased spouse’s name.

Overall, the inheritance rights of a surviving spouse can vary depending on the specific circumstances of the couple’s situation. It is recommended that the surviving spouse consult with an experienced estate planning attorney to fully understand their rights and responsibilities after the death of their partner. By seeking legal guidance, the surviving spouse can ensure that they receive the inheritance and benefits that they are entitled to during this difficult time.