Am I entitled to my dead husbands parents estate
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I entitled to my dead husbands parents estate
Husband was killed,he had
one brother and now both
their parents are deceased.
Am I entitled to my dead
husbands part of their
estate. They lived in texas.
Asked on August 1, 2018 under Estate Planning, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If your in-laws had a written Will, then its terms will control who inherits in this situation. If it has already been filed with the local prbate court, then you can obtain a copy. If not, then they died "intestate". Accordingly, this means that there heirs (blood relatives) inherit. Accordingly, since your husband predeceased his parents, then his share will go to his children or hissiblings, or to the next heir inline to inherit his interest. Bottom line, you are not his legal heir under the circumstances so therefore have no claim to your in-law's estate.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If your husband predeceased (died before) his parents, you would not be entitled to any part of their estate unless they had a will which, by its plain terms, left you something. When there is no will, under the rules for "intestate succession" (who gets what when there is no will),a wife does not inherit when her husband, who would otherwise have inherited, passes away before the person he would have inherited from.
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.