Wife passed two months ago.Now her father passed and I believe wife was the only one on her fathers will.Who gets fathers will?

Asked over 1 year ago - Montebello, CA

Father lived in another state.I don't think wife had a will.

Attorney answers (5)

  1. Michael Raymond Daymude

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    Contributor Level 20

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    Answered . It depends on the terms of the father's Will and the laws of the state where the father resided. Generally, however, for a person to take under a Will or the laws of intestacy (without a Will) that person must survive the decedent. It is unlikely, therefore, that you would inherit property from your wife's father through her, although you could inherit directly if named as a beneficiary. It is more probable, though not definite, that your wife's children would inherit through her. Bottom line – you need an attorney to review the Will and to obtain a few facts from you to answer this question.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. Christine James

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    Contributor Level 19

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    Answered . The father's will controls. It depends on what it says. If everyone named in the will is deceased, the laws of intestacy likely control. That would be family of the father, parents, siblings, nieces and nephews, etc. Unless you were named in the will, since you are not a direct relative, you will not inherit.

  3. Paul A. Smolinski

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    Contributor Level 17

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    Answered . Not sure exactly who is who in your question but, generally, if you are named in a persons Will and you survive that person then you are entitled to your inheritance. Someone may have to open an estate on your behalf to receive the funds and then distribute the funds to your heirs.

    I think that answers your question.

    Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his... more
  4. William Richardson Christian

    Contributor Level 12

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    Answered . As noted, it depends on her Fathers will. Most wills include a condition that would say "I give to Wife, if she survives me, [property]. If she fails to survive me, the gift to her shall lapse and the property will go to ....." You need to see the will to determine what is provided. If the will does not say, then you may have an intestacy.

    The response to this question does NOT create an attorney client relationship and is an effort to provide a... more
  5. Charles Adam Shultz

    Contributor Level 19

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    Answered . If there are no other named beneficiaries in father's will, the laws of intestacy of the state where the father died will control. Without knowing more, including the father's state of residence, its too hard to tell or advise you.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more

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