A surviving spouse is a person who was married to someone at the time of that person's death and lived with them continuously from the date of marriage until the date of death. This definition typically applies to legal matters involving inheritance, benefits, and claims related to the deceased spouse.
The term "surviving spouse" is commonly used in family law, estate law, and claims related to benefits, such as social security or veterans' benefits. It is crucial in determining the rights of an individual to inherit property and receive benefits after the death of their partner. Users can often manage related legal processes themselves using templates available through platforms like US Legal Forms.
Here are a couple of examples of abatement:
Example 1: Jane and John were married for 20 years. John passed away, and Jane is considered the surviving spouse, granting her rights to his estate and benefits.
Example 2: (hypothetical example) Alex and Taylor were married for five years before Taylor's unexpected death. Alex can file claims for benefits as the surviving spouse.
Examples of state differences (not exhaustive):
| State | Surviving Spouse Rights |
|---|---|
| California | Surviving spouses have strong inheritance rights, including community property laws. |
| Texas | Surviving spouses can inherit a portion of the deceased's estate, depending on whether there are children. |
| New York | Surviving spouses have the right to a share of the estate, even if not mentioned in the will. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Widow/Widower | A woman/man whose spouse has died, specifically referring to gender. |
| Beneficiary | A person designated to receive benefits or assets from a will or trust, not necessarily a spouse. |
| Common-Law Spouse | A partner recognized as a spouse under common law, which may not require formal marriage. |
If you are a surviving spouse, you should:
Browse our library of 85,000+ state-specific legal templates.
| Attribute | Details |
|---|---|
| Eligibility | Must be legally married at the time of death. |
| Cohabitation Requirement | Must have lived together continuously from marriage to death. |
| Legal Rights | Rights to inherit and claim benefits. |
A surviving spouse typically has rights to inherit property, claim benefits, and make decisions regarding the deceased's estate.