If she did not leave a will disposing of the property, the husband from her second marriage is entitled to the $50,000 of the estate and one-half of the remaining estate. The statute does not go into how the persona property should be divided. I assume that if you were able to speak to her husband, you could request that your portion of the estate be the personal items that have been in your family for years, but there is no law or case law that requires it.
Answered on May 10th, 2013 at 3:24 AM