Legal Question in Wills and Trusts in California
My mother-in-law died without a will
My father-in-law died in '95, then shortly after,
before his probate case settles, my mother-in-law
died. Both of them did not have a will made out
before their death. since I am their daughter-in-law,
I was told that I am not entitled to part of the
estate. Is it true?
Also, my second child had died in '93, before the
death of my Parents-in-law, while under the care of my
brother for 13 years without being paid any child
support by me nor any one from my husband's family.
Is my deceased second child entitle to part of the
estate for I would like to repay my brother for taking
care of my child for so long without complain.
2 Answers from Attorneys
Re: My mother-in-law died without a will
This sounds like a very complex matter. I am very hesitant to give any advice because I do not know who has a claim to the estate, etc. I strongly recommend that you contact a local wills and probate attorney. If you do not know of one, contact the local county bar association and ask for a referral. Almost all attorneys will at least give you a free consultation. So you can at least find out what your options are and what kind of rights you and your deceased child have. Good luck.
Sincerely,
John Hayes, Esq.
PS. If there is already an attorney involved, do not consult him. Get your own attorney independent of any attorney already working on the case as they were probably hired by another claimant of the estate and the attorney is looking out for their interests not yours.
Re: My mother-in-law died without a will
You will not inherit as an in-law. Depending on the law of the state of the decedent's death, if a parent of a child, in this case the son and your ex-husband is living, he takes. If he is deceased it then goes to his children. If one of those are deceased and died without children, it would go to either siblings or ancestors. Nothing goes to you or your ancestors or siblings.
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