Do I get my husband’s cut of the money from the sale or does son get it?

Question

My husband died 9 years ago.  I have not remarried.  My mother-in-law died this past Saturday.  I know my sisters-in-law will sell their mothers house.

Brian Haggerty · Answer

It depends on what her will says. If your mother-in-law was close to you, she may have provided for you. The more common approach would be to leave your husband's gift to his children if he passed away first.

Mark T. Peters · Answer

You will probably get nothing unless your mother-in-law willed something to you.

Norman Green · Answer

It goes according to your mother-in-law's will.  If she left no will, then the grandson gets his share; you get nothing.

Dara J. Goldsmith · Answer

His son would step into his shoes, unless her Will provides for you.

Kathleen Delacy · Answer

It depends on what your mother-in-laws wills say.  It may just pass to your children, or your husband's share may lapse and pass just to her other children.

Richard Keyes · Answer

You do not say whether your mother-in-law had an estate plan that gives your sisters-in-law the right to to sell the house.  Find out if your mother-in-law had an estate plan (will, trust, beneficiary deed, etc.).  If she did, find out the details of the plan.  If your mother-in-law died without a will or other form of estate plan, then her children share equally in the assets.  However, since you are not a blood relative, in Missouri your son gets his deceased father's share.

Christine James · Answer

If your husband did not have a will or trust that left his share to you, it will go to his son.  This assumes he even has a share and assumes that your mother-in-law didn't have a will stating where it would go.

Charles Perry · Answer

If the house was in joint tenancy, then the other joint tenants   receive the house.  If your mother-in-law had a will or trust, then   the will or trust determines what happens to the house.  If your   mother died without a will, your husband's interest passes to your son.

Victor Waid · Answer

Assuming no other document in place at mother in law death, your son gets his father's share, and if he is a minor, then you will have to be appointed as a guardian ad litem to take control of and conserve his share of the proceeds., until he reaches age of majority.

Bernard H. Greenberg · Answer

You are not entitled to anything from your mother-in-law's estate unless she specified so in her Will.

Jayne Sebby · Answer

Whether or not you inherit your husband's share of his mother's estate will depend on the terms of her will.  If she includes you by name or refers to her son's heirs/family, you have a claim.  If she didn't have a will, you probably won't inherit anything as most states. Statutes on intestacy only grant inheritance to living children.

James Frederick · Answer

It depends on whether your MIL had a Will or not and what it provided.

Nathan Wagner · Answer

It depends upon what your mother-in-law's will says. In California, the house would only go to you if your mother-in-law specifically left it to you. If there is no will, you would not inherit your husband's share.

Kelvin Green · Answer

His son is the heir assuming that the will did not exclude him for some reason

Gerald Bagazinski · Answer

It depends on whether your mother-in-law included you in her will.

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Do I get my husband’s cut of the money from the sale or does son get it?

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