Am I entitled to inherit from my husband’s father if my husband is now deceased?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I entitled to inherit from my husband’s father if my husband is now deceased?
My husband recently passed away. His dad passed way a year ago and his family never told him whether there was a Will or not. He didn’t know if he was entitled to inherit being that his mother still alive. I believe his mother and only sister had planned keeping this secret before my husband even found out about his father’s death. If there is an inheritance, am I entitled to inherit in his place?
Asked on December 6, 2011 under Estate Planning, Wisconsin
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Sorry to hear about your husband and his father.
If the father left a Will, inheritance is determined by the Will.
If your father-in-law did not leave a Will, you would not inherit anything because inheritance would be determined by the rules of intestate succession. Intestate means dying without a Will. If your father-in-law died intestate, his entire estate would be inherited by his surviving spouse. If there had not been a surviving spouse, the children would have inherited their father's estate. If there is more than one surviving child, the estate would have been divided equally among them. If there is a deceased child (your husband), then your husband's share of the estate would go to his surviving children. If you and your husband had more than one child, your husband's share would be divided equally among the children.
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.