AboutLisa Carlson Expertise Funeral Law. Having written a 640-page book on funeral law for consumers with state-by-state information, I am very conversant with consumer rights in this regard: What are the laws on disposition of cremated remains? Is embalming required? Do I have to use a funeral home? Can I have a home wake? Is it a state law to buy a vault? I prepaid for a funeral but changed my mind. They won`t give me all my money back. What can I do? . . . etc.
Question Hi there,
I wondered if you could advise me on behalf of a friend who has just lost his son aged 37 in a tragic accident. he had been separated from his common law partner of 18 years and was living elsewhere while the sale of the property went through with an agreed split of half the proceeds each, unfortunately his sudden death prior to the contracts being signed has left my friend rather concerned as he has discovered that she had been having an affair for over a year, and has told their two children (teenagers) that they will not get a penny from the sale of the house. Could you please explain what it means to predecease the intestate, as I would assume that at least half of the sale proceeds from the house should be split between the separated couples children.
I hope that you might be able to help us
kind regards
NJ
Answer It depends on how the deed was written-- tenants-in-common or joint tenants with right of survivorship. She would get all the funds if it's written as joint tenants. Only half as tenants-in-common, with his children getting his share. If her name isn't on the deed, then the children would get it all.
