Are me or our children entitled to any funds from the sale?

I have a son 26 daughter 18. My
husband was killed on his job 2002. My
husband’s parents died 2016. My
husband has two sisters and one
brother living. The house deed has my
mother and father in laws name on it
with my sister in law and her husband.
The land title only has my mother and
father in law on it. I was told the
children inherited the land and the two
children that’s not on the deed has to
sign their part over to the child on the
deed. What about my deceased
husband’s airs?

Asked on October 12, 2017 under Estate Planning, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your children are not, unfortunately, entitled to anything unless your husband's parents (whichever of them died last) had a will which left assets to them. Otherwise, if there is a will but it does not leave them anything, they would not get anything: when there is a will, only those named in it inherit. And if there was no will, the parent's assets will be split amonst their *surviving* children. A child who died before his parents does not inherit anything when his parents pass away if he had surviving siblings; the  surviving siblings get not just their own shares, but also get what he would have received had he not "predeceased"  (died before) his parents. Since he would not inherit, having predeceased, his heirs do not inherit either.


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