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American wife/British husband and legal rights

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Marriage | Unmarried Partners | Fiancé | Ancestry

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loppyfree
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Posts: 1
Joined: Mon Mar 15, 2010 11:44 pm

American wife/British husband and legal rights

Post by loppyfree » Mon Mar 15, 2010 11:50 pm

Hello.

I am hoping someone can help to answer my question regarding emergency situations and spousal rights. If an American female citizen (living in England for 4 years with indefinite leave to remain) is married to a British male citizen and has children; if the husband/father dies, what rights does the American female citizen have assuming no will has been assigned as the children are both under the age of two years? Does the wife lose all rights to the family finances and do they go to the government? Or is she protected under the UK or USA law to the family's finances?
Obviously a will is necessary but in the meantime.....

Thank you.

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Tue Mar 16, 2010 8:14 am

Any reason why you have not applied for Naturalisation as British?

As regards current ILR status, you obviously have the right to stay in the UK, with your British Citizen children.

No Will? Lots of places on the internet detail the intestacy rules. For example, thanks to a google search .... click here. Those are the UK's rules. US rules? Haven't got a clue what they are, or whether they would apply.
John

UKBAbble
Senior Member
Posts: 542
Joined: Wed Sep 03, 2008 3:08 pm
Location: Berkshire

Post by UKBAbble » Tue Mar 16, 2010 12:03 pm

The citizenship of the surviving spouse is irrelevant for probate purposes.

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