Q: If mother died, no will but was married but husband had abandoned the estate after selling everything,
Can the children get the land put in their names , bypass the husband if he's with another and left county, destroy everything on land before leaving, one kid still stays on land and kept it from being condemned for everything the husband done prior to abandoning a junk yard, and sold everything that had worth.....
A:
In cases where a spouse dies without a will, known as dying "intestate," the distribution of the estate is subject to state laws. Generally, the surviving spouse is entitled to a portion of the estate, with the remainder distributed among the deceased's children. However, if the surviving spouse has abandoned the estate and there are concerns about the management and preservation of the property, the situation becomes more complex.
If the surviving husband has left the county and has shown no interest in the estate, the children may have legal grounds to seek control of the land, especially if one of the children has been maintaining the property to prevent it from being condemned. The specifics of this process can vary widely depending on the jurisdiction and the details of the abandonment and estate condition.
It's advisable to consult with a legal professional who has experience in estate law and can provide guidance tailored to your specific situation. They can help navigate the legal process, which may involve filing a petition with the court to have the estate administered in favor of the children, especially if there's evidence that the surviving spouse has effectively relinquished their rights to the estate through abandonment or misconduct.
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