What are the entitlements of the surviving spouse?

by | Jun 23, 2023 | Spousal IRA | 7 comments




Has your wife or husband recently passed away and you aren’t sure of what’s owed to you? Wondering what are the rights of a surviving spouse? In this video we answer the main questions a surviving spouse will have as they go through litigation. Our goal is to equip you with the proper knowledge so that you can win your case.

In this video, we cover:
– Why does the characterization of property matter? 1:04
– What if I’m omitted from my spouse’s will? 2:35
– What if there was a divorce? 4:31
– What if there were questionable gifts during marriage? 7:08

Please remember that each state has its own individual set of laws and that this video only pertains to cases in California.

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The rights of a surviving spouse are incredibly important and are designed to protect their interests and ensure their well-being following the death of their partner. These rights vary from country to country, but in the context of English law, there are several key rights that the surviving spouse is entitled to.

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1. Inheritance Rights: One of the most significant rights of a surviving spouse is their entitlement to inherit a portion of their deceased partner’s estate, even if there is no will in place. Under the laws of intestacy, the surviving spouse typically has a right to inherit the majority, if not all, of the deceased’s estate. However, the exact entitlement can vary depending on factors such as whether there are children or other relatives.

2. Right to Dwelling: In addition to inheritance rights, the surviving spouse also has a right to continue living in the family home, regardless of who owns the property. This right, known as a “right of occupation,” ensures that the surviving spouse is not left without a home and provides them with stability during a difficult time.

3. Entitlement to Financial Provision: The surviving spouse also has the right to claim financial provision from the deceased’s estate, even if they are not specifically provided for in the will. This is particularly relevant if the will does not adequately provide for the surviving spouse’s financial needs or if they were financially dependent on their partner during their lifetime.

4. Pension Rights: Surviving spouses may also have rights to their deceased partner’s pension benefits. This can include both workplace pensions and state pensions, ensuring that the surviving spouse is able to maintain their financial stability and security in later life.

5. Social Security Benefits: In England, the surviving spouse may be entitled to certain benefits from the government, depending on their age and individual circumstances. These benefits can include bereavement allowance or widowed parent’s allowance, designed to provide financial support during this difficult period.

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It is important to note that these rights can be affected by various factors such as the presence of a valid will, specific provisions made in the will, and individual circumstances. Consultation with a solicitor or legal professional is always advisable to fully understand and protect the rights of a surviving spouse.

In conclusion, the rights of a surviving spouse in England encompass an array of protections to ensure their well-being and financial stability following the death of their partner. From inheritance rights and dwelling entitlements to financial provisions and pension benefits, the law provides crucial measures to support the surviving spouse during this challenging time. Understanding these rights empowers individuals to navigate the legal process confidently and secure their future.

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7 Comments

  1. jodi maw

    It's bs a horrible step spouse non parent of dead parent it shouldn't give the non parent permission to screw dead persons kids

  2. Nida Salvador

    thank u I hope I have a share .pls pls help me attorney am from hawaii

  3. Helen O'Reilly Long

    Good information. Would you consider making videos on types of trusts and how to protect estate for benefit of adult children.

  4. Zondreia Hutchinson

    Thank it's helpful information but it is will in my case will poure over trust

  5. Jackpot Winner

    My spouse passed away we were divorced after 35 years he remarried 2 years then died. While married to me in 1980 he found a job with a pension but during the divorce he refused to allow me to access it by lying in court saying there was no pension. Once he remarried he tried to remove my name as the wife he was married to from the 20 years of that pension and put his new wife in my place. In NJ it is considered illegal unless the first wife received her share, the pension company called me up and told me. So back to court I went I fought 2 years while he was alive and 2 after his death so his new wife could not take it all.

  6. OTingting Olavera

    I'm in the Philippines my husband passed away April 2020 and I dont know where to start and what to do. Please advise me. My email me at otingting@ymail.com. thanks.

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