My husband was expecting that an inheritance from his mother that passed away the previous year, but now my husband has passed away. So what happens with that inheritance? Does it go to me? Does it go to my daughter? How does that work?
ANSWER BY MARGARET CROSS-BELIVEAU:
Ahh, the dreaded probate with a probate. Your mother-in-law’s will might have a survivorship clause whereby the beneficiaries must survive her by a certain amount of time. Typically, it isn’t too long of a time period. If he did die within the time period, your husband will be deemed by the will to have predeceased your mother-in-law and the will with direct the inheritance elsewhere. If he outlived the survivorship requirement, you will have to establish a probate for your husband’s estate to receive the inheritance. His will will control the inheritance, unless he didn’t have one and the statutory law of intestacy will control.
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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The estate administration and estate planning attorneys at the Beliveau Law Group provide legal services for estate planning, probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.