If my wife passed 1 year ago and her mother passed last month, am I entitled to a share of my mother-in-law’s estate?

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If my wife passed 1 year ago and her mother passed last month, am I entitled to a share of my mother-in-law’s estate?

My mother-in law had 6 children (including my late wife). I want to know if my mother-in-law left all the children money and since my wife is no longer alive, am I entitled to her portion of the money?

Asked on December 16, 2015 under Family Law, Maryland

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Sorry to hear about your wife and your mother-in-law.
If your mother-in-law left a Will, the provisions of the Will are controlling in determining inheritance.
If your mother-in-law died intestate (without a Will), the rules of intestate succession determine inheritance.  
Under intestate succession, if your mother-in-law had a surviving spouse, he inherits her entire estate.  If there isn't a surviving spouse, then her estate is divided equally among her surviving children.  Your late wife's share of the estate would go to her children (your mother-in-law's grandchildren).  You would not inherit anything from your mother-in-law's estate under intestate succession.


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