If my recently deceased father-in-law left my late husband anything, does that go to me because I’m his wife or his blood next of kin?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my recently deceased father-in-law left my late husband anything, does that go to me because I’m his wife or his blood next of kin?
My husband passed away 5 months ago. His father (my father-in-law) passed away on Sunday.
Asked on November 13, 2012 under Estate Planning, District of Columbia
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 12 years ago | Contributor
How all of this property passes depends on the wording of the wills. If there are no wills, it depends on the statute of descent and distribution in the state of death.
Usually, a beneficiary must be alive on the date of death in order to inherit. Since your husband passed 5 months before his father, he would not inherit. If you husband does not inherit, then you cannot inherit through him.
Most wills provide that if a beneficiary passes before the testator, that beneficiary's share will be distributed to someone else. It can say it will be distributed to the beneficiary's "heirs," in which case, you would receive the share. It can say it will be distributed to the beneficiary's "descendants," which usually does not include a spouse. It could say it will pass to the spouse. The bottom line is you need to see the will in order to know if you will receive anything.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.