Do I have to share proceeds from my mother’s estate?

My mom’s Will states that all of the estate should go to and vest to my children. My sister passed away before my mom and was married at the time, no kids. Do I have to give half of the estate to her husband?

Asked on June 28, 2017 under Estate Planning, Texas

Answers:

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

Answered 3 years ago | Contributor

The terms of a Will control just how an estate is to be distributed. If your sister was not mentioned listed as beneficiary, her surviving spouse is not entitled to a share of your mother's assets. Children can be disinherited (although some states require special language regarding this). If your mother had died without a Will, your sister's children would have had inheritance rights but still not her husband. Bottom line, since your children are the only listed beneficiaries, then they alone are entitled to the assets that are left after all debts of the estate have been paid.


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.