Spouse rights: Am I entitled to my dead husband's inheritance?

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Q: I am a widow. When my father-in-law died the will stipulated that the inheritance would be divided equally with his living children and my own children. Money for my children went into a trust to be paid out in gradual instalments and looked after by the executor. Did I not have any rights to the inheritance that would have gone to my husband if he had been alive? —Marge A: Dear Marge, you want to know what happens if named beneficiaries die first. Your husband died before your father-in-law. This raises questions about wills and who inherits your late husband’s share. You mentioned that the will divided your late husband’s inheritance equally among his living children. You question if you have inheritance rights as your husband’s spouse. The answer depends on the wording in your father-in-law’s will. Here are some possibilities when beneficiaries die before will makers. 1. If your father-in-law made his will after your husband died, he may have specifically created gifts only for his three grandchildren. That would have been his decision and choice. 2. If your father-in-law made his will before your husband’s passing, his will could have included wording to deal with his son predeceasing him. Such wording may specify that his son’s inheritance passes “per stirpes,” that is, by bloodlines or as descendants through a common ancestor. Per stirpes is the common term used to describe what happens when beneficiaries die first in many wills. Your children, in this case, would equally share their father’s inheritance. Per capita describes the alternative distribution “by head” in Latin, and your husband’s share may have passed to his siblings. Ontario has a special statutory provision to protect gifts to children, grandchildren, brother or sister. These gifts will not fail unless the will has a contrary provision. Without reviewing the will and knowing the province where you reside, it is not possible to clarify more. Generally, your children who are your father-in-law’s grandchildren may have a copy of the trust or will terms. Reviewing this with your lawyer may confirm only that your children had rights to inherit.

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Chasity Egnor says:

April 5, 2020 at 11:44 pm

I live in WV and my dad inherited some property from his deceased parents where they didn’t make a will. Now my father passed away and he didn’t make a will as well does my mom come in on the land that was airshipped to him from his parents?

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1. MoneySense Staff says:
  
  April 6, 2020 at 10:24 am
  
  Due to the large volume of comments we receive, we regret that we are unable to respond directly to each one. We invite you to email your question to [email protected], where it will be considered for a future response by one of our expert columnists. For personal advice, we suggest consulting with your financial institution or a qualified advisor.
  
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Hazel McCallum says:

April 28, 2020 at 9:49 am

We live in Quebec and have notarized wills as husband and wife leaving everything including our RRIFs to each other.
We have just each received inheritance money along with 3 other people from
the same source. As property sales etc have delayed the final settlement of the estate to date, should my spouse die before the estate is finally settled and monies distributed, shall his portion automatically fall to
Me as his spouse and receiver of his RRIFS. All other things in his will
Are given to me.
PS again this is a Quebec will

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Vickey koontz-BURNS says:

June 16, 2020 at 9:17 pm

my late husband’s mother passed away in 2017 and my late husband’s passed away nov 2019 his mother had a will do I inherit his share

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gena kane says:

July 3, 2020 at 2:52 am

My dad passed away and few weeks later my grandmother passed away, my dad was named on my grandmother’s will who will received that inheritance?

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1. Cameron Yee says:
  
  July 6, 2020 at 9:58 am
  
  Due to the large volume of comments we receive, we regret that we are unable to respond directly to each one. We invite you to email your question to [email protected], where it will be considered for a future response by one of our expert columnists. For personal advice, we suggest consulting with your financial institution or a qualified advisor.
  
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Jack metz says:

July 27, 2020 at 7:20 pm

Hey wonder what case law your going for the above article. I’m in the situation, thanks

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Nancy bridges says:

September 16, 2020 at 5:03 pm

I live in ga is it legal to have in-laws take me daughter-in-law at time of husband’s death completely out of will and run her and minor children off making them homeless is this legal

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1. Sandra E. Martin says:
  
  September 22, 2020 at 9:33 am
  
  Due to the large volume of comments we receive, we regret that we are unable to respond directly to each one. We invite you to email your question to [email protected], where it will be considered for a future response by one of our expert columnists. For personal advice, we suggest consulting with your financial institution or a qualified advisor.
  
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Dana A Assink says:

November 13, 2020 at 10:43 am

My brother got my grandmom house when she died he died does my sister in law get the house or other grandchildren get it?

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1. MoneySense Editors says:
  
  November 19, 2020 at 8:25 am
  
  Due to the large volume of comments we receive, we regret that we are unable to respond directly to each one. We invite you to email your question to [email protected], where it will be considered for a future response by one of our expert columnists. For personal advice, we suggest consulting with your financial institution or a qualified advisor.
  
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Anis Natasya says:

December 15, 2020 at 10:20 am

Recently, Suraya’s husband passed away leaving her and a daughter. Dani, Suraya’s brother in law claimed the matrimonial house as part of the inheritance upon Suraya’s husband demise. Suraya claimed the house was given to her through a letter dated 2 years before her husband’s death. Dani contested saying the letter was invalid because Suraya did not give anything in return as a consideration.
Suraya believed she had the right to claim the house and the letter written by Dani was sufficient as evidence.

Advise Suraya as to whether she can claim the house.

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1. MoneySense Editors says:
  
  January 11, 2021 at 3:17 pm
  
  Due to the large volume of comments we receive, we regret that we are unable to respond directly to each one. We invite you to email your question to [email protected], where it will be considered for a future response by one of our expert columnists. For personal advice, we suggest consulting with your financial institution or a qualified advisor.
  
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Darlene Callaghan says:

February 3, 2021 at 2:42 pm

I have been notified by my brother in law that his father died 3 years ago. My husband died before my father in law. He stated that I could have some money coming to me as I am the widow of my late father in laws son whom I was married to. But my brother in law did not inform me he got a hold of my daughter and she told me this. That I have 39 days to claim the money but my brother in law did not give my daughter any other information like who to call etc. What can I do. Sincerely Darlene Callaghan

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1. MoneySense Editors says:
  
  February 10, 2021 at 3:03 pm
  
  Thank you for the question. We invite you to email your question to [email protected], where it will be considered for a future response by one of our expert columnists. For personal advice, we suggest consulting with your financial institution or a qualified advisor.
  
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JAN JENKS says:

February 5, 2021 at 3:56 pm

My deceased husband’s financial advisor told the beneficiaries, which were his adult step-children (from a prior marriage), that I asked to get the money and that I would then give it to them. I never said this, but this is what the children said they were told. To me, that is a defamation of character. They even told them that ‘some lady called’, and they they never heard of me. Which is also wrong, as my husband had told them he remarried after the death of his previous wife. He even asked for forms to update the beneficiaries. They sent them to him, but he never finished filling them out because he couldn’t get everyone’s addresses before he passed. I am very upset about the unethical way they spoke with the beneficiaries. What can I do about this? Should I report them to FINRA?

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1. MoneySense Editors says:
  
  February 9, 2021 at 3:18 pm
  
  Thank you for the question. We invite you to email your question to [email protected], where it will be considered for a future response by one of our expert columnists. For personal advice, we suggest consulting with your financial institution or a qualified advisor.
  
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GinaCosgrove says:

January 18, 2022 at 4:36 pm

Am I obligated to pay my sister in law money that my husband owes her

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Linda Gagne says:

January 21, 2022 at 5:58 pm

Question. Does my sister-in-law get my brother’s inheritance if he dies before my mother does? The will states surviving children after my mom dies, but doesn’t say to anyone else as far as in-laws.

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Sherry says:

May 15, 2022 at 2:26 am

My husband died may 9 2021 his father died may 12 2022. My father in laws will states if his son pre deased him it goes to his other son and to my 2 sons. However we are also raising and have custody of my oldest sons 15 year old twins since they were one which I am now raising without him. And collecting the child’s pension from the govt. Should they not be included in the inheritance

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