Legal Question in Wills and Trusts in Indiana

if your husband and his brother were named as "per stirpes" beneficiaries as opposed to "per capita" then your husband's children will get his share. per stirpes means accoring to the root.

Your husband's share will either be given to his brother, or will be given to his children. Unless you were named in the will, there is nothing in the estate for you. If the will says that the distributions to the heirs are to be "per stirpes," then that means your husband's share will go to his children. Otherwise, neither he nor his estate nor his children are entitled to a share.