What are a child’s rights to their father’s estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are a child’s rights to their father’s estate?
My father-in law passed away last year and in his Will left everything to my mother-in law. She passed away 2 months ago without a Will; my wife was their only child. Now my father-in laws’ children are looking to us for money, because they said the money and the house were for her to be able to enjoy a comfortable living after he passed away. They are upset because she passed away to soon after him to enjoy it. Do we have to worry about them coming after any of the money or house?
Asked on May 8, 2014 under Estate Planning, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If he willed it to her outright (rather than, say, giving her a "life estate" to use the home while alive, but then having it go to his children after she passed), then anything she received from him was hers; and if it was hers and she died without a will, then it would all pass, according to the laws of intestate succession (what happens when there is no will) to her only child. His children may feel upset or cheated, but legally, in this scenario, there should be nothing they can do; he left her the house and money, and when she died, theyn went to her child. He could have set things of differently in his will had he wanted to, but did not.
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.