Do relatives of deceased wife have any claims to estate of husband after his death if she is still on the will

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Do relatives of deceased wife have any claims to estate of husband after his death if she is still on the will

My brother is dying and he has a will, but, his deceased wife 13 years is still
on the will. He has one son, but, his deceased wife has one sister living. Does
she have any claim to his estate when he dies?

Asked on March 21, 2017 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I am so sorry for the situation as it stands. You need to read the Will in total, looking at the residuary clause, how property listed was held, etc.  Many states have provisions that require a beneficiary to live for a certain amount of time after the testator dies to inherit.  Is the son the son of both the testator and his Wife?  Is the son mentioned in the Will?  It would seem to me that the son inherits everything if everything owned when the Wife died passsed to the husband by operation of law anyway.  So I do not believe that the sister would have any claim.  I would, though take the Will and these facts to an attorney in your area for a consultation.  Good luck.


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