Inheritance rights and proof

UPDATED: Oct 2, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 2, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Inheritance rights and proof

My father’s sister-in-law has died leaving behind property without a will that was transferred over to her after his brother our uncle died. My aunt has no surviving spouse, grandparents, parents, siblings, or children. My father has no surviving siblings. In this case, do us nieces and nephews have inheritance rights? If so, how would we prove we are my aunt’s surviving, paternal nieces and nephews?

Asked on September 15, 2019 under Estate Planning, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, in-laws only inherit if there is a will leaving something to them; only blood and adopted relations inherit when there is no will, under what is called the rules for "intestate succession" which set forth who inherits what when there is not will. Her estate will go to yet-more distant relatives (e.g. 2nd cousins or 2nd cousins removed) or, if there are no even distant relatives, will "escheat" or go to the state.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption