QUESTION
Am I entitled as a spouse to my spouse's share of his sister's estate?
Asked on Jan 20th, 2021 on Estate Planning - Virginia
More details to this question:
My husband and his surviving sister were coexecutors of his deceased sister's estate. The estate just got approval from the Probate clerk to close. Some money was disbursed but there is around $20,000 left for them to share. My husband died unexpectedly and the surviving sister says that I am not entitled to my husbands share of the estate left. Is this true? I was also his Power of Attorney. She has called the Probate court and had him taken off and named herself as sole executor of the remaining estate.
1 ANSWER
2 Awards
If your husband had predeceased his now deceased sister, the funds would flow according to her Will, if any, or according to the state laws of heirship to his children but not to his spouse.
If your husband died after his now deceased sister (as appears to be the case), the funds would flow to his estate. If his Will named you as a beneficiary, they would flow to you (in part or in whole depending on whether he named others as beneficiaries as well.) If he had no Will, the funds would flow to his children under Virginia laws of heirship and subject the the spousal elective share in Virginia.
Answered on Jan 21st, 2021 at 6:01 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.