UPDATED: Oct 1, 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 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption


My wife passed and later her Mother passed. But her mother had a will In the will she left some property to My wife My Daughter and my 2 Step-sons Now I look It up and if I am right with my wife passing her share goes to Me Which if I am right is 1/12 now I ask my Daughter for that and was told No. What Do I Do Now

Asked on April 3, 2019 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, a spouse does not inherit from the wife's family when the wife passes away before her parent. Rather, what happens is that your wife's share of the inheritance goes to her descendents--her biological or legally adopted children--in equal shares. So if your daughter was with your wife and your stepsons are also her children, then the three of them each inherit 1/3 of your wife's inheritance; you receive nothing. You would have only inherited if your wife died *after* her mother, since in that case, the inheritance would have already gone to your wife, so it would not longer be from the mother in essence, but would instead be your wife's funds or properties, and a spouse can inherit from his spouse. But here, since your wife predeceased (died before) her mother, the inheritance does not go to your wife and so does not go to you; it goes directly to her children.

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 lock Secured with SHA-256 Encryption