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


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 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 2 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.

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