What are the estate laws when a death of a spouse occurs and only the dead spouse's name is on the estate?

Answer by  LouLou (52)

As long as you are legally married you can get a spouse's portion, even if the will dictates otherwise. You can contest it for your share, just as children can contest for a child's portion.

Answer by  LAView (38)

The law for the estate vary by state. In florida once a spouce dies and that person did not put your name on there estate you have to pay a death tax of $5,000 on what ever that person owns. By law dependents are entitled to a share of that decease spouse, especially if they are blood / biological dependents.

Answer by  denise26 (16)

the living spouse and any potential inheriters can agree on division of proerty or must go to probate court to divide the estate

Answer by  jblanco (25)

The dead's spouse will be assigned all the property since the are the only person's name on the estate.

Answer by  cmass (26)

Spouses are entitled to a certain percentage of the deceased's estate. The amount depends on the state of residence of the dead spouse, the specific issue(s) you are concerned with. You will probably not be able to avoid probate.