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I will receive an inheritance when my mother dies. If I should die while the estate is in probate, would my wife receive mine?

Littleton, CO |

Estate will be administered by a law firm. Estate Executor is a unrelated lawyer.

Attorney Answers 3


I believe you posted this with a little different end. Who administers the estate should not change the answer.

he first part all depends on what the Will says. If the Will simply says you get a share at your mother's death and there is no survivorship requirement, and you die after your mom, your estate would be the beneficiary of your share. Since the inheritance is separate property, you would need a Will stating your interest would go to your wife. If you dont have a Will the intestacy laws of your state would apply.

As far a challenges by blood relatives, not sure what your concern is. If you mean challenging that it would go to your wife, there is not much they can do if the Will does not condition how long you have to survive your mother.

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Attorney Shultz is correct. Provided that your mother passes away with solely owned assets and you are living beyond any survivorship requirement in her will, then either you (if you are living) or your estate (if you are dead) will receive the inheritance to which you are due. If you do not have a will in place, I would strongly urge you to retain an attorney to prepare one. Good luck to you.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

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6 lawyers agree


My colleagues above are correct. Your inheritance from your mother would likely become a part of your estate. Do you have a will?

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