If my father-in-law just passed away and he was an heir to his brother’s estate, will the proceeds go directly to my mother-in-law or will I become an heir since I am his descendent?

No monies have been distributed as they are in the process of selling the home.

Asked on September 7, 2015 under Estate Planning, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your father-in-law left a Will, its provisions are controlling regarding inheritance.
If your father-in-law did not leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.
Under intestate succession, your father-in-law's entire estate is inherited by his surviving spouse.
You are not a descendant of your father-in-law.


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.