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What Are The Property Rights Of The Surviving Spouse?

When it comes to the estate of a deceased, it’s important to understand the concept of ‘prior established property rights.’ In the specific case of a married spouse, the estate left by a deceased is subject to the rights acquired by the spouse before the deceased’s death. It’s important to note that, in the absence of specific exclusions or another agreement, there is a presumption of joint ownership between spouses. This means that even if the spouse’s name is not written as the owner of a certain asset, the rights of the spouse should first be clarified before determining the assets included in the estate.