Can a settlement to a deceased spouse pass right to the surviving spouse?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a settlement to a deceased spouse pass right to the surviving spouse?

My husband’s estate is insolvent, he didnt have a will or probate wasn’t opened.
He may now receive an inheritance that would pass on to his surviving wife but
can it go directly to the wife and not into the estate where creditors could take
it?
Are an estate’s assets proclaimed at the time of death, so this new money would
not have to be part of it?
How can I claim an estate insolvent and closed before the settlement may occur?

Asked on April 19, 2018 under Estate Planning, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If your husband died before the person from whom he is inheriting died, neither his estate nor you would inherit unless there was a will stating specifically that in the event a beneficiary (e.g. your husband) predeceased (died before) the testator (person making the will), then the benficiary's share or inheritance goes to his estate or his own heirs/beneficiaries. Otherwise, when someone passes away before inheriting, his share of he inheritance goes to the other heirs or beneficiaries; you have to survive the person you are inheriting from in order to inherit (or to have your estatate or own heirs inherit)--unless there the will under which you are inheriting has to go to your estate or heirs.
If he passed away after the person he inherited from, then his estate will inherit--even if he died before receiving the inheritance, so long as the person from whom he is inheriting died first, he--or his estate--will inherit. But it will not and cannot go directly to you--it has to be probated and processed through his estate, as would any other assets which he had owned (if he had owned any).


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption