What to do if after my mother-law’s passing, her children are now trying to sell her house but my husband dies soon after her?

Since her passing, my husband (her son) passed away shortly after her. My husband and I have a son together. My in-laws assumed that my son would be entitled to my husband’s proceeds from the house since he has passed away. I recently spoke with my in-laws and was informed of an issue regarding my son getting the proceeds. That’s when I spoke up and asked, since I’m the wife wouldn’t I be entitled? I asked my in-laws to contact their attorney. However, their attorney is being very difficult at this point. Is there any guidance you can give us so that we can move forward?

Asked on December 9, 2012 under Estate Planning, Maryland


Victor Waid / Law Office of Victor Waid

Answered 7 years ago | Contributor

Your son is the rightful inheritor of your former husband's share of the estate. Suggest, you will need an attorney to file a petition for you to be appointed a gurdian ad litem to receive the son's share and manage the same as a prudent investor on hish behalf, assuming he is a minor child, at which time he is entitled to receive the share of the estate, and hopefully used for his college education.

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

You need to find out what the "issue" is with your son's inheritance.  If your mother-in-law had a will, it may have said that heirs must survive by X number of days.  If your husband died within that time frame, his right to inherit would lapse and, hence, your son's right to inherit would lapse.  Daughter-in-laws usually have no rights of inheritance without a will.

I suggest you call the estate lawyer directly.  If he or she will not return your calls, see if you can make an appointment to come in and speak with the lawyer.  If that does not work, you will have to contact a probate lawyer of your own to assist.

If the only problem is that your son is a minor, then the previous answer would apply.

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