Do my sisters adult kids have rights to her property since her spouse has also died? 6 Answers as of July 08, 2013

My sister died in March of 2010. She left behind a husband, 2 adult children from a previous marriage & a minor child from her current marriage. Her husband was abusive to her & her first two kids & forced them to leave the house. What rights, if any, do my niece & nephews have to their parents property?

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Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
It depends on how the house was owned generally, between spouses ownership will be as tenants by the entirety, in which case surviving spouse owns the whole property. If your sister owned the house in her sole name, then the result depends on her will, or, if no will, intestate succession.
Answer Applies to: Oregon
Replied: 8/10/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
A lot is going to depend on what her estate planning documents said. The Will may have influence on where assets go. Unfortunately, if there are not a lot of assets or if her will does not name her adult children, they may not be entitled to very much. They should speak with an attorney to review their circumstances.
Answer Applies to: New Hampshire
Replied: 8/9/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Possibly depending on what you did not tell us (what state was she in and was there a will).
Answer Applies to: Georgia
Replied: 6/26/2013
The Coyle Law Office
The Coyle Law Office | T. Andrew Coyle
This is a situation where it would be very prudent to have an attorney meet with your nieces/nephews to ensure their rights are being protected; however, the inheritance would likely work like this: Assuming your sister did not have a will, then at her death of her property would go to her husband and to her children equally. Any property that was owned jointly between sister and her husband would go directly to husband. Upon husbands death, assuming he did not have a will, his property would go to his children in equal shares. So, it largely depends what assets your sister owned in her name and what she owned jointly with her husband.
Answer Applies to: Illinois
Replied: 8/9/2011
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
The answer depends upon a number of factual issues, like did she have a Will? Did her husband who is apparently now dead have a Will? Did both die as residents of Nevada, or another State? Is the minor child who survived her, also a child of the husband, who is now dead? What is the value of the Estate. All of these issues play into who is entitled to the assets of the estate[s].
Answer Applies to: Nevada
Replied: 7/8/2013
    Olson Althauser Samuelson & Rayan, LLP
    Olson Althauser Samuelson & Rayan, LLP | Todd S. Rayan
    It depends, if the sister and her husband had a community property agreement then husband would have inherited everything and can dispose of it as he wishes. If there was no will or community property agreement then he would be entitled to one half of her community property and the kids, all three, would share in the other half of her community property (25% of the whole community property estate). If he has since died without a will, his child would take his estate. Your sister's 2 kids would have no right to inherit unless they have been adopted. These are complicated matters and I would encourage your niece and nephew to seek legal counsel, even if just for a half hour consult, it will be helpful to them and the attorney can elicit additional information as needed.
    Answer Applies to: Washington
    Replied: 8/9/2011
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