What legal rights does one spouse has to assets when the other spouse passes away?

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What legal rights does one spouse has to assets when the other spouse passes away?

I’m not sure whether the property is in a community state or not.

Asked on November 3, 2018 under Estate Planning, Alaska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

What legal rights one spouse has to assets when the other passes depends on specific state law and whether or not a there is a valid Will. Further, community property states treat things differently than equitable distribution states. At this point, you should consult directly with a probate attorney who can best advise you further. In the meantime, here is a link to a site that will explain further: https://law.freeadvice.com/estate_planning/estate_planning/spouses-legal-right-to-assets.htm


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