Who is entitled to my husband’s inheritance?

UPDATED: Sep 30, 2022

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Who is entitled to my husband’s inheritance?

My father-in -aw passed 17 years ago. His Will stated his property should be sold and divided 5 ways by my husband and his siblings. Well there is an 8 acre farm involved and for whatever reasons the property has never been sold but the deed is in all their names. My husband passed away last month with no Will. Do I have any claim to his share of the property?

Asked on April 14, 2017 under Estate Planning, Michigan


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your husband's inheritance was transferred into his and his siblings names, then he was a co-owner of the property. Accordingly, his share is now a part of his estate unless the deed included language after their names such as "With rights of survivorship". If it did contain this language, then his siblings will be entitled to a greater percentage of the property since his share will become theirs. However, if there was no mention of survivorship then, as stated above, his share of the property is now an asset of his estate. Since he died without a Will, that means that he died "intestate". Accordingly, most state intestacy statutes provide that the estate of a deceased goes 1/2-1/3 to the surviving spouse and the remainder to the children of the deceased; if there are no children then the surviving spouse takes all. Att his point,youshould consult directly with a localattoreny as they can best advise you further as to specific state law.

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 AttorneyPages.com 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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