Are me or our children entitled to any funds from the sale?

UPDATED: Oct 1, 2022

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Are me or our children entitled to any funds from the sale?

I have a son 26 daughter 18. My
husband was killed on his job 2002. My
husband’s parents died 2016. My
husband has two sisters and one
brother living. The house deed has my
mother and father in laws name on it
with my sister in law and her husband.
The land title only has my mother and
father in law on it. I was told the
children inherited the land and the two
children that’s not on the deed has to
sign their part over to the child on the
deed. What about my deceased
husband’s airs?

Asked on October 12, 2017 under Estate Planning, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your children are not, unfortunately, entitled to anything unless your husband's parents (whichever of them died last) had a will which left assets to them. Otherwise, if there is a will but it does not leave them anything, they would not get anything: when there is a will, only those named in it inherit. And if there was no will, the parent's assets will be split amonst their *surviving* children. A child who died before his parents does not inherit anything when his parents pass away if he had surviving siblings; the  surviving siblings get not just their own shares, but also get what he would have received had he not "predeceased"  (died before) his parents. Since he would not inherit, having predeceased, his heirs do not inherit either.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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