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In some states, common law marriages are recognized as legal marriages, and therefore the common law spouse of the deceased can inherit the estate. The surviving spouse takes between $100,000 ...
The intestacy laws of certain American states, limit the surviving spouse's rights (inheritance) to the deceased spouse's real estate to a life estate. Louisiana, applying civil law, has a similar default provision in intestate successions called a usufruct, which is only over community property and ends with the earlier of death or remarriage.
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In this technique, each spouse creates a trust and divides their assets (usually evenly) between the two trusts. The terms of the credit shelter trust provide that upon the first spouse's death, the other is left an amount in trust for the benefit of the surviving spouse up to the current federal exemption equivalent to the federal estate tax.
As a simple example, under Iowa law (see Code of Iowa Section 633.238 (2005) Archived 2018-06-27 at the Wayback Machine), the deceased spouse leaves a will which expressly devises the marital home to someone other than the surviving spouse. The surviving spouse may elect, contrary to the intent of the will, to live in the home for the remainder ...
The surviving spouse can collect benefits at any age as long as the child is: The natural or adopted child of the deceased Is either under age 16 or has a disability and is receiving children’s ...
An elective share is a term used in American law relating to inheritance, which describes a proportion of an estate which the surviving spouse of the deceased may claim in place of what they were left in the decedent's will. It may also be called a widow's share, statutory share, election against the will, or forced share.
Surviving spouses: No inheritance tax rate Siblings, parents, children and grandchildren: No taxes on amounts up to $100,000, then 1% Others: 11% to 15% on amounts above $25,000