My late husband is benificiary of his dads will. Am i entitled to his share?
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My late husband is benificiary of his dads will. Am i entitled to his share?
Never remarried, am widow
to benificiary of will.
Asked on May 10, 2018 under Estate Planning, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It depends on what the will says. Wills can be written in a fashion so that if a beneficiary (person inheriting under the will) predeceases (dies before) the testator (person making the will), then the beneficiary's own heirs (e.g. a spouse) will inherit his share. Or the will can be written in such fashion that if a beneficiary predeceases, his share goes to other beneficiaries identified in the will and does *not* go to his own heirs or beneficiaries. Either way of writing the will is legal and enfoceable.
If you do not know what the will says (e.g. you have never seen it; no one will show it to you), you could, as someone who might reasonably inherit (and so has "standing," or sufficient potential legal interest as to bring a court case), file a legal action and in the course of that action, be able to see (and if beneficial to you, enforce) the will. This can be a procedurally complex action to bring: you are encouraged to discuss this matter with a probate attoreny, to see if it is worth bringing based on the specific facts of your cae and, if it is, the attorney can then bring it for you.
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