Am I entitled to my deceased husband’s share of his father’s estate?

UPDATED: Oct 1, 2022

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Am I entitled to my deceased husband’s share of his father’s estate?

My husband’s father who is now deceased had a Will made out to his 6 children only. This Will was made before I married my husband. My husband was 1 of 6 children that was supposed to get a share of the proceeds from sale of parents home. His mother passed away 6 months after my husband. The house is up for sale now. I asked my sister-in-law about my husband’s share and she said there was no mention of spouse in the Will. I told her that her mother said I should get my husband’s share before she passed. My husband’s brother also said that I should get his share. What should I do?

Asked on March 19, 2018 under Estate Planning, Massachusetts


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends of just how the Will in question is worded. it may provide that the deceased beneficiaries heirs inherit or it may provide that just the remaining beneficiaries get a share. Here is a link to an article that will explain further:

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 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.

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