Am I entitled to any money from a home left to my late husband and his brother.

My late husband and his brother were left his parents home in a will. My husband
passed away three years ago. The house just sold for 70,000.00. As my husbands
spouse at the time of his death, am I entitled to any profits from the house.

Asked on September 10, 2017 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you typically would not be entiled to anything. When an heir or beneficiary (your husband) predeceases (dies before) someone, they do not inherit; rather, the "share" they might have received had they lived will either go to whomever else the will (if there is a will) directs; or if no will, to other person(s) who inherit under "intestate sucession" (the rules for gets what when there is no will), like your husband's brother.
You do not have any independent right to inherit, unless your husband's parents put you into their will (if you are named in their will, you inherit whatever the will says you should); except as per that, it was your husband, not  you, who would have inherited, except that since he passed away, he will not inherit, and therefore you do not, too.

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