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Thirds: A Comprehensive Guide to Estate Rights and Distribution
Definition & Meaning
The term "thirds" refers to a legal provision that grants a widow or widower a portion of a deceased person's estate. Specifically, this portion is typically one third of the estate, which includes both real and personal property. This right to the estate is vested in the surviving spouse, even if there are disputes or issues related to the deceased's estate. The concept of thirds is governed by decedent estate law, which outlines how property is distributed when someone passes away.
Table of content
Legal Use & context
Thirds are primarily relevant in the context of estate law, particularly in matters of inheritance and property distribution following a person's death. This term is often encountered in family law cases, especially those involving wills and estates. Individuals can manage the distribution of their estate through legal forms, such as wills or trusts, ensuring that their wishes are followed. US Legal Forms provides templates that can help users navigate these processes effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: If a person passes away leaving an estate valued at $300,000, their widow would be entitled to receive $100,000 as their share under the thirds rule.
Example 2: In a situation where a decedent has children from a previous relationship, the widow would still retain her right to one third of the estate, even if there are disputes among the heirs. (hypothetical example)
State-by-state differences
State
Thirds Law Overview
New York
Surviving spouses are entitled to one third of the estate, regardless of the will's provisions.
California
Surviving spouses may receive one half of the community property and a portion of separate property, depending on the will.
Texas
Surviving spouses are entitled to one third of the decedent's estate if there are children, or one half if there are none.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Bequest
A gift of personal property made through a will.
A bequest can be made to anyone, while thirds specifically refers to a surviving spouse's share.
Intestate Succession
The distribution of an estate when someone dies without a will.
Thirds apply even if there is a will, ensuring a spouse's share is protected.
Common misunderstandings
What to do if this term applies to you
If you are a surviving spouse and believe you are entitled to thirds of your deceased partner's estate, consider taking the following steps:
Review the will and any estate documents to understand your rights.
Consult with a legal professional to clarify your entitlements and navigate any disputes.
Explore US Legal Forms for templates that can assist you in managing estate-related paperwork.
In complex cases, seeking professional legal help is advisable to ensure your rights are protected.
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