If my mother left her property in a Will to me, if I got married later and then died, would my husband be entitled to my part of her property?

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If my mother left her property in a Will to me, if I got married later and then died, would my husband be entitled to my part of her property?

if my mother left her property to me and my sister.

Asked on September 19, 2012 under Estate Planning, Missouri

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It would depend on your will and your mother's will.  Most wills have a provision that estate will pass to "x" and if they predeceased me then to the heirs of "x".  If your mom had this type of provision and you died first and left a will designating him as your only heir-- then yes, he would get part of her property.  If you did not leave a will and you were still married at the time of your death, then probate laws would still consider him an heir and he would receive at least some of the estate.

If your mother's will read something like to each child fifty-fifty, but if one had predeceased, then the balance would go be dividing among the other children, then your sister, not your husband would inherit.

If you want to make sure that you sister obtains whatever you do not, then you need to write a will designating that this gift from you mother be assigned to her-- or have you mom change her will reflecting the same. 


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