Am I entitled to my husband's inheritance? How? 14 Answers as of September 09, 2015

Am I entitled to my husband's inheritance?

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O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, you may be entitled to a distribution from your spouse's estate based on the fact that you are the surviving spouse. Many more details are needed to explain further.
Answer Applies to: Maryland
Replied: 9/9/2015
Law Office of Pamela Braynon | Pamela Y. Braynon
There is not enough info here to properly answer this question. Is your husband still living? Did the person who left the inheritance address this situation in their will?
Answer Applies to: Florida
Replied: 8/31/2015
Sebby Law Office
Sebby Law Office | Jayne Sebby
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.
Answer Applies to: Nebraska
Replied: 8/31/2015
Geoff Germane, Attorney at Law | Geoff Germane
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.
Answer Applies to: Utah
Replied: 8/28/2015
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
The terms of the will or trust would dictate what happens to his distribution. The terms may state that his distribution go to his issue upon his death or his beneficiary share reverts back to the estate to be divided between the remaining living beneficiaries.
Answer Applies to: California
Replied: 8/27/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    More facts, please. Separate or community property? How does title stand? Children? Will? Trust?
    Answer Applies to: California
    Replied: 8/26/2015
    Christine Sabio Socrates Attorney at Law | Christine Socrates
    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.
    Answer Applies to: Ohio
    Replied: 8/26/2015
    The Law Office of Kimberly D. Moss
    The Law Office of Kimberly D. Moss | Kimberly Moss
    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.
    Answer Applies to: Texas
    Replied: 8/26/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    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.
    Answer Applies to: Illinois
    Replied: 8/26/2015
    Ronald K. Nims LLC | Ronald K. Nims
    No, you're not entitled to an inheritance. Inheritances are separate property.
    Answer Applies to: Ohio
    Replied: 8/26/2015
    Gates' Law, PLLC | Thomas E. Gates
    No, inheritance is personal property, not community property.
    Answer Applies to: Washington
    Replied: 8/26/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    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.
    Answer Applies to: Nevada
    Replied: 8/25/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Depends on the specifics and purpose. Are you speaking about divorce or following his death?
    Answer Applies to: Michigan
    Replied: 8/25/2015
    Danville Law Group | Scott Jordan
    Impossible to say without more information. For instance, is your Husband deceased? Who was he inheriting from? Did that person have a will or a trust? Do you have copy of either document? Did your husband have a will or trust? Do you have a copy of either document? Did your husband have siblings? How many? Do your husband have any children? How many? Are you the mother of these children? This is just a sampling of the information needed to determine whether you are entitled to receive an inheritance your husband may be entitled to.
    Answer Applies to: California
    Replied: 8/25/2015
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