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    miko545's Avatar
    miko545 Posts: 2, Reputation: 1
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    #1

    Jan 19, 2012, 09:36 AM
    Who is the heir to my mothers estate after her husband dies?
    When my mother passed away, everything went to her husband. Now that he has passed away, if money is found that belonged to her, would it go to his children or her children/mother. When he passed away, all of his money went to just his children.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 19, 2012, 09:47 AM
    Everything she owned went to her husband when she died. Everything he owned went to HIS direct descendents/heirs - his children. Anything found long after your mother's death would go to HIS estate, divided in accordance with State Law or his Will.
    miko545's Avatar
    miko545 Posts: 2, Reputation: 1
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    #3

    Jan 19, 2012, 09:49 AM
    Thank you very much!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jan 19, 2012, 09:51 AM
    It's a good reason to leave very specific instructions OR provide "something" for your children where there are children from previous relationships/marriages.

    I've seen long-time step parents literally disown the step children when the partner dies in favor of their "blood" children.

    It's sad.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jan 19, 2012, 09:47 PM
    Quote Originally Posted by JudyKayTee View Post
    Everything she owned went to her husband when she died. Everything he owned went to HIS direct descendents/heirs - his children. Anything found long after your mother's death would go to HIS estate, divided in accordance with State Law or his Will.
    Not necessarily. If everything she owned went to him, it may be because his spousal share, under the laws of wherever she died, was defined as 100% of everything up to a certain amount. If this new-found property would have made his share exceed that amount, there may be something for her heirs.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jan 20, 2012, 09:22 AM
    Quote Originally Posted by AK lawyer View Post
    Not necessarily. If everything she owned went to him, it may be because his spousal share, under the laws of wherever she died, was defined as 100% of everything up to a certain amount. If this new-found property would have made his share exceed that amount, there may be something for her heirs.

    Maybe this is a topic for discussion but I'll start it here. There are laws, for example, that my husband would receive $X and no more. If that is the value of my estate, that's the end of it BUT if additional assets are discovered that add to the value of my estate they would pass to my other heirs by law?

    I've never seen a dollar limit on an inheritance and I'd like to know more.

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