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


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.

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