Inheritance Question: In-law's estate, husband deceased, his children alive.?

Question

My husband passed away 1987.  His mother in 2005, his step-father in January this year.  Mother's estate never had a will, and no legal will has been filed.  I believe my step-children should inherit no less than half the estate, and I might possibly have a claim.  In Arkansas, children inherit part of the estate upon decedent's death, but spouse has life-time estate.  Father-in-law's sister has wiped out bank accounts, with more money than house worth. What should kids receive?  I am wanting to buy entire family's share of the house out.

Michael E · Answer

Your husband's mother died after your husband did.
In most states, her spouse gets all of her estate.
When your step-father-in-law died, his living relatives would inherit their shares of his estate.

I know of no state that passes an inheritance to an already deceased person (your dead husband) and then retroactively distributes that to his heirs.

Basically, since your husband pre-deceased his mother, your husband (and his heirs) have no claim on her estate.

But check with a lawyer. Remember the property is a person's until their death. A dead person cannot inherit.

? · Answer

If the grandparents are both dead then legally everything might be property of the grand-children of those people. However if the grand kids are step grand kids and not blood then the property might not go to the grand kids at all. I think you should immediately consult a lawyer in that state. If the lawyer says the property legally goes to your kids, the grand kids of these deceased people, then I would sue the sister (great aunt) of the grand kids for the money back.

dieterzakas · Answer

This question is best directed to an attorney practicing probate law (the type of law governing wills and estates), rather than counting on random answers on Yahoo! Answers.

Inheritance Question: In-law's estate, husband deceased, his children alive.?

Related Questions

Trending Questions