I'd have to see the papers you are talking about to be able to give you a legitimate answer. Also, I don't know what state you live in. The general rule is that when a married person dies without a will, the surviving spouse inherits everything. So, he's not taking anything from you, or from your dead mother, he's taking that which is already his.
Answered on Oct 15th, 2014 at 8:58 AM