If my husband’s father just passed away and we are not yet divorced, am I entitled to any of the inheritance?

We have 3 kids together.

Asked on November 8, 2015 under Family Law, Colorado


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

Answered 5 years ago | Contributor

Sorry to hear about your husband's father.
If he left a Will, the provisions of the Will are controlling as to inheritance.
If he did not leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.
Under intestate succession, if your husband's father had a surviving spouse, she inherits the entire estate.  If there isn't any surviving spouse, the children (your husband and his siblings) inherit equal shares of their father's estate.  You won't inherit anything under intestate succession.

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