QUESTION
Am I entitled to my husband's inheritance? How?
Asked on Aug 25th, 2015 on Estate Planning - Nevada
10 ANSWERS
Not necessarily. It depends on the terms under which your husband inherited the asset. For example, he may have inherited something with the understanding that, upon his death, that item would be given to someone else such as a son or cousin.
Answered on Aug 31st, 2015 at 5:24 AM
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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Without further information, it is difficult to answer this question. If you mean that your husband received an inheritance and then passed away, the answer regarding your rights depends on whether or not your husband had an estate plan. If he did not, you would be an heir at law and would inherit your husband's property.
Answered on Aug 28th, 2015 at 2:22 PM
Edwin K. Niles
More facts, please. Separate or community property? How does title stand? Children? Will? Trust?
Answered on Aug 26th, 2015 at 2:30 PM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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If you are legally married on your husband's death, you are entitled to a statutory share as his surviving spouse under the probate laws of the state in which your husband is a resident at the time of his death. Your husband cannot disinherit you in a will as you can elect to take against his will and are entitled to your statutory share which is the amount you would be entitled to if your husband died intestate (without a will). That amount depends on if your husband had children and whether you were also the mother of at least one of those children.
Answered on Aug 26th, 2015 at 12:36 PM
Wills and Estate Planning Attorney serving Sugar Land, TX
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Law Offices of Kimberly D. Moss, PLLC
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This question is a little vague, so I will answer it in two ways: if your husband inherited property from his parents, that is his separate property in the state of Texas, and you are not entitled to it. If your husband has passed away and left behind assets, you are likely entitled to inherit from him unless he explicitly omits you from his last will & testament (if he had one). Otherwise, you're entitled to inherit from your husband under the laws of intestate succession when he dies without a will.
Answered on Aug 26th, 2015 at 11:02 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Your right to receive an inheritance due your deceased husband would depend upon the terms of the Will or Trust that relate to the distribution to your deceased husband. If there is no Will or Trust then any inheritance from an intestate estate would pass to your husbands children/descendants and not to you as the spouse of a predeceased descendant.
Answered on Aug 26th, 2015 at 10:11 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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No, you're not entitled to an inheritance. Inheritances are separate property.
Answered on Aug 26th, 2015 at 8:14 AM
Thomas Edward Gates
No, inheritance is personal property, not community property.
Answered on Aug 26th, 2015 at 12:06 AM
3 Awards
There are too many issues to give you an answer aside from maybe. I suggest you meet with an attorney to address the specifics including the terms of the Will or trust of the person from whom he is inheriting, or inherited assets. If your husband has a Will, what family survived him, etc. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.
Answered on Aug 25th, 2015 at 7:45 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depends on the specifics and purpose. Are you speaking about divorce or following his death?
Answered on Aug 25th, 2015 at 7:45 PM