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Loren, Attorney
Category: Estate Law
Satisfied Customers: 33449
Experience:  30 years experience in the practice of estate law.
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My husband died six weeks ago with a will leaving all of our

Customer Question

My husband died six weeks ago with a will leaving all of our assets to me. His mother died today and has a will that my deceased husband is named as a beneficiary. My husband has children from a previous marriage who are also in the will. Since my husband died, am I then entitled to his portion of his mothers estate?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Loren replied 2 years ago.
Good afternoon. My condolences for your loss.
Expert:  Loren replied 2 years ago.
It is unlikely that his share in his mother's mother's will, having predeceased his mother, would come to you. First, if the mother had a survival clause in the will (saying her children have to survive her) then then it will either go back into the pot to be distributed among the siblings or it would be directed in her will to be distributed among his surviving children.
Expert:  Loren replied 2 years ago.
Either way, unless otherwise directed in her will, your late husband's share would not come to you.
Expert:  Loren replied 2 years ago.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Expert:  Loren replied 2 years ago.
Did you have any further questions before you rate my service to you?