What to do if my son-in-law just passed away without a Will but my daughter is being told by his parents that she is not entitled to anything in the house?

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What to do if my son-in-law just passed away without a Will but my daughter is being told by his parents that she is not entitled to anything in the house?

They were married 4 years. Does she not receive part of the estate and can she sell anything to settle his debts ? He was the main source of income in the household. His surviror’s include my daugther, 20 year old son, 16 year daughter and his mother and father. What are her rights as a surviving spouse?

Asked on June 8, 2015 under Estate Planning, Florida

Answers:

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

Answered 5 years ago | Contributor

Sorry to hear about your son-in-law.

His parents are mistaken regarding your daughter's inheritance.

Since your son-in-law died intestate (without a Will), the rules of intestate succession determine inheritance.  Under intestate succession, the surviving spouse (your daughter) inherits her husband's entire estate.  His parents have no claim.  If there had not been a surviving spouse, the two children would each receive one half of their father's estate.

Since your daughter inherits the entire estate, she can sell items to pay debts.


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