Can dead brothers wife inherit his share of the farm after his mother passed away?

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Can dead brothers wife inherit his share of the farm after his mother passed away?

The Will leaves property to the son who has passed away but the wife of the son is not mentioned.

Asked on March 13, 2013 under Estate Planning, Minnesota

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

The real property would pass to the issue(children) of the son, if the son did not leave a will, or be divided between his siblings, and if no siblings goes back to is parents. You are advised to to seek the assistance of probate litigation counsel, as you the wife may have some rights as a pretermitted heir under the statutes of your state, ie a widow's share.


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