If my husband’s uncle passed away and then my husband passed away, if my husband was named in his uncle’s Will, do I collect?

My husband died intestate; we were married less than 2 years.

Asked on October 20, 2011 under Estate Planning, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your losses.  You have certainly been through a lot.  One would have to read your husband's Uncle's Will to be sure but generally speaking, if your husband was alive when his Uncle died then he was entitled to inherit under the Will.  Now your husband's estate will inherit from his uncle's estate.  You need to do what is necessary to start an estate proceeding on behalf of your husband.  You have not indicated if you had any children together or he has any children outside of your marriage.  The intestacy laws in your state will apply to all assets that are not jointly held (assets jointly held with your husband go to you automatically).  The inheritance is not a joint asset. Good luck to you.


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