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-   -   Who is the heir to my mothers estate after her husband dies? (https://www.askmehelpdesk.com/showthread.php?t=628807)

  • Jan 19, 2012, 09:36 AM
    miko545
    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.
  • Jan 19, 2012, 09:47 AM
    JudyKayTee
    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.
  • Jan 19, 2012, 09:49 AM
    miko545
    Thank you very much!
  • Jan 19, 2012, 09:51 AM
    JudyKayTee
    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.
  • Jan 19, 2012, 09:47 PM
    AK lawyer
    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.
  • Jan 20, 2012, 09:22 AM
    JudyKayTee
    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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