My mother-in-law died recently. My husband died 5 years ago. He has one surviving sister. My husband and I had 2 children. Should they receive part of my mother-in-law's estate?
2007-01-28 04:16:08 · 13 answers · asked by perplexed 1 in Family & Relationships ➔ Family
Depends on if she left a will. If she was very specific well you are out of luck. If it is big enough to be worth it you can petition to get a portion or her estate may just choose to settle with you to avoid a battle.
If you get along somewhat with the sister you might be able to get some provision made for your kids..... sometimes people can surprise you. This could be delicate and could depend on how you were with your mother in law.
Either way simply talk to a lawyer. Just don't take the word of other people an see a copy of the will.
2007-01-28 04:43:23 · answer #1 · answered by jackson 7 · 0⤊ 0⤋
In theory the estate should be divided equally in half between your sister-in-law and your children, but in practice it depends on what dispositions your mother-in-law took. If she has left a valid will then the estate has to be distributed as she has instructed it to be. The executor of her will should be contacting your children and if you have not heard anything, you should investigate. Even if they have not had a legacy, your children are entitled to know what their grandmother decided to do with her estate.
2007-01-28 04:27:23 · answer #2 · answered by WISE OWL 7 · 1⤊ 0⤋
that's a complicated area. after reading the german wikipedia article about the german heritage laws, i would say each of you three (you and your siblings) should get some part if there is no will and you are the closest relatives. but there are a lot of variables. the surest thing would be to find a lawyer in the town the house is and the bureaucracy happens. should be possible to find one that doesn't need you to travel to germany just for a consult just look for layers from the region, have a look at their homepage, if the page has a button to change to an english version it's a safe bet they can deal with international clients, call them and ask :) if you really can't find one find out which province of germany it is in and search the internet for "rechtsanwaltskammer + [the province] for example "rechtsanwaltskammer bayern" if it is in bavaria. rechtsanwaltskammer is the word for the umbrella organisation of lawyers. there will be contactinformations on the homepage and they are there to help people find the right lawyers.
2016-03-29 06:26:42 · answer #3 · answered by Erika 4 · 0⤊ 0⤋
If your mother in law left a will the exectutors will have to follow the instructions she left in the will. If no will then your husbands sister is the next of kin and she can decide whether she wants to give your children a share of her money. .
2007-01-28 10:04:20 · answer #4 · answered by Kirks Folley 5 · 0⤊ 0⤋
Yes they are. My husband died 2 years before his mother. She had it in her will that my kids were to get his share of the estate. He had one brother. She got a brain tumor, and while she was incompetent he got her to change the will. It wasn't a large estate, but my kids were still entitled to a half. When we consulted a lawyer, he said they definitely had a right to a share but it would be very expensive to fight it and to prove her incompetent when the second will was signed. So they dropped it. You can get a free consultation with a lawyer (or your kids if of legal age). I would definitely consult a lawyer.
2007-01-28 04:49:11 · answer #5 · answered by Mamma angel 3 · 0⤊ 0⤋
i'm no lawyer but if your children are born of marriage i do believe that they are entitled to what would've been their father's share of the estate. hopefully she provided for her grandchildren in her will. if i were you i would contact a lawyer just to see what or if they are entitled to something especially if we are talking about a substantial amount of money. i hope that i have been some help. let's hope she did the right thing by your kids. take care.
2007-01-28 04:47:33 · answer #6 · answered by freedom fighter 7 · 0⤊ 0⤋
of course they should. I am surprised that your mother in law did not include them in the will! you need to check that out and see if she did. After all they are her grandchildren and family. There are many web sites out there where you can research this. try typing in estate survive-rs. Good luck.
2007-01-28 04:32:50 · answer #7 · answered by bikerman55918 1 · 0⤊ 0⤋
they should receive some of your mother-in-law's estate considering that they are her grandchildren...if it is just your sister-in-law then she should give something to your kids...she should not be selfish and keep it to herself....Hope there was a will written before she pasted because if she had your husband in her will then you and the kids should get his share of everything that was left to him.
2007-01-28 04:23:09 · answer #8 · answered by emt_girl_50 2 · 0⤊ 1⤋
yes defiantly.they are entitled to the share of the property and any money left in a will.if no will it will have to go to probate.and then it will be equally,divided between your sister in law and your children.
2007-01-28 05:19:43 · answer #9 · answered by Anonymous · 0⤊ 0⤋
if she never made a will, then your children can petition for a piece of her estate as they are blood relatives! you may have to do this on their behalf dependant on their age, but yes they are entitled, i would seek advice from a soliciter!
2007-01-28 04:22:38 · answer #10 · answered by PInky without perky!! 4 · 1⤊ 0⤋