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


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.

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