Am I or my children entitled to deceased husband’s share of his parent’s estate

The deed to the property in question was made out to my deceased husband and his
sister. Will I or my children have claim to his portion of the estate when both
parents have passed? My husband passed with no will and I am not sure if there
was a will when my father in law passed. My mother in law is still alive as is my
sister in law.

Asked on December 16, 2017 under Estate Planning, North Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loses.  Let me rephrase so that I understand the matter clearly: Your in-laws deede property to your husband and his sister.  They remained in the house with a life estate?  Meaning they continuted to live there and will until your Mother in law passes.  The property is owned by your late husband and his sister.  It is considered an interest in real property and that interest passed via intestacy to you and your children upon his death.  Seek help.  Good luck.

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