Legal Question in Wills and Trusts in California

my husband died 7 years ago. We have 3 children, ages 28,25, and 14. My husband's mother recently died and they are trying to divide her estate. My husband and I had both personal wills and a family trust. In order to make the best decisions I want to know does my husband's share of his mothers estate fall to me as his surviving wife, or does it go directly to our children.

The children and I live in California, but the mothers estate is being handled in Mississippi.


Asked on 1/08/11, 2:04 pm

2 Answers from Attorneys

Gary R. White Burton & White

You need to address your questions to an attorney in Mississippi, as that is where the estate is.

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Answered on 1/13/11, 2:47 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

What happens to your mother-in-law's assets will depend on (a) the terms of her will/trust, and (b) Mississippi law. If your mother-in-law's will/trust contains a provision for what would happen if one of her children, in this case your husband, predeceased her that provision will likely prevail. If it does not, it will depend on what Mississippi law says on this subject. You should start by contacting the executor of your mother-in-law's estate and/or the attorney representing the executor. If you don't know who that is, you should start by checking any online court records for the county in which your mother-in-law lived. Otherwise, you will probably need to hire an attorney in Mississippi to assist you.

Good Luck.

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Answered on 1/13/11, 4:00 pm


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