Estate Law Questions? Ask an Estate Lawyer.
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My condolences on your loss of a loved on. What question do you have for me today?
Thank you for the additional information. It is not good to die without a will.
Her estate will go to her surviving husband and her biological children. His share can be controlled by him. Meaning if he has a Will or puts his interest in a trust he can direct where his share goes. If the aunt did not have any children, then it would all go to the husband. If he has no will on his death, then it would go to his children, if none survive him then to his parents if alive if not to his siblings. In other words, his side of the family tree will receive the estate.
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Just so I am clear, your aunt died, then her surviving husband died? Did your aunt have children that survived her?
So the aunt's husband is dead as well and his supposed children are asking for their inheritance?
Yeah this is a complete mess and I am very sorry. Really the only way to stop this is to prove they are not his children. When the estate went to him it became his and cut off her side of the lineage and that is very unfortunately and unfortunately makes you a poster child of why folks need to make a will, especially when it screws up a family owned property.
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