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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?

Montebello, CA |

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

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Attorney answers 5


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.

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Paul A. Smolinski

Paul A. Smolinski


I take back my answer. As I read your question again I misunderstood. If dad had a Will then his Will should state who is entitled to his estate if his daughter predeceased him. If dad did not have a Will then his estate passes under the laws of the state in which he resided. Generally, if he is not married and now his daughter passes, it would go to her children, if any. If no children, then to dad's brothers and sisters and or nieces and nephews. That's better, I think!

James P. Frederick

James P. Frederick




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.

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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.


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.

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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.

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