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    Robert Smith's Avatar
    Robert Smith Posts: 14, Reputation: 1
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    #1

    Mar 31, 2008, 04:05 PM
    Inheritance Law
    My wife died two years ago and now it looks like her unmarried mother is about to die. She has one son still living. My question is, do I have any rights to what would have been my wife's inheritance?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Mar 31, 2008, 04:10 PM
    What does it say in her will to that effect?
    Robert Smith's Avatar
    Robert Smith Posts: 14, Reputation: 1
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    #3

    Mar 31, 2008, 04:18 PM
    I honestly don't know if she even has a will but if she does I would guess that I am not mentioned in it.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Mar 31, 2008, 04:35 PM
    If you are not specifically mentioned in her will, then I guess if your wife was mentioned you will have to engage an attorney to see if you would qualify for her share as you are your wife's only living heir. If there is a considerable estate involved, then an attorney would be able to decipher who gets what.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Mar 31, 2008, 04:49 PM
    Quote Originally Posted by Robert Smith
    My wife died two years ago and now it looks like her unmarried mother is about to die. She has one son still living. My question is, do I have any rights to what would have been my wifes inheritance?

    You are not entitled to collect; you are not blood. There is sometimes a provision that "benefits" would pass to a child but if the child is not living to the child's spouse and/or children but you would have to see the Will.

    When she passes if you are mentioned in the Will you will be notified as part of the probate process.

    It's probably a little early to ask the family about this when she is not dead but "about to die."
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Mar 31, 2008, 05:40 PM
    Well this is not a clear cut yes and no, is there a will, there are two ways to leave money, one is to any or some specific relation, and if any of the relations are dead the others listed would get the money.

    But there is another way, in it, if the one heir is dead, the money passes on to their heirs

    This can be complicated, depending on the state law where the person died, the state law where you live, and if there is a will and if there is, the exact ( every exact) wording of the will.

    Most likely it would go to your wife's children but an estate attoreny would be a good thing, esp if this is a lot of money

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