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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7404
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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My mother-in-law had a will that left her estate to my husband

Customer Question

My mother-in-law had a will that left her estate to my husband & I and her daughter & husband equally. I actually had to drive her to the lawyers office one time & she let me hear the terms. She passed away in March2010. There was never a reading of the will and every time I asked my husband, there was always an excuse (paper work, problems etc) I have come to find out that in Dec 2010, my sister-in-law had papers drawn up to become administer of the estate and my husband signed a waiver .... All without telling me. NOW he says his mother had changed the will before she died because he told her we were arguing and 'it didn't look good'. Personally, I don't believe this fact. I came across two emails - the one where his sister is named as admin(12/10) and most recently, where she is applying to become an LLC using the house as a rental business. (6/13) the house was assessed at $690,000 in 12/10 and they get about $5000 a month in rental money. My husband now says I was written out and have no claims to any of this money. We are married for over 28 years. What recourse to I have. I am also considering reporting my sister-in-law for tax fraud for not reporting the rental income. We live in NYC
Submitted: 4 years ago.
Category: Legal
Expert:  Irwin Law replied 4 years ago.

Hello and thank for contacting Just Answer. Your question is: What recourse do I have. The key is, what does her will say? Based on the facts you have submitted, if you were not mentioned in the final will, then you have no recourse. You did not contest the will and the time has long past for doing so. In any event, a daughter in law has no legal right of inheritance. Going to the IRS is your right as a citizen, but you should ascertain all of the facts first. Was your husband also written out, or has he been receiving his half of the inheritance?

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