Legal Question in Wills and Trusts in Maryland
Will in effect?
My mother-in-law recently died intestate. Her husband died in 1990 leaving a will disposing of their assests to various relatives (including his wife, my mother-in-law). Now that my mother-in-law has passed away does my (deceased) father-in-laws' will now take effect or does the estate now pass to her two surviving (only) children equally?
1 Answer from Attorneys
Re: Will in effect?
I have to assume from your question that no one ever opened a probate estate on your father-in-law.
His assets, as well as his interest in the community property assets, would technically be controlled by his will. Anything remaining in her estate would be distributed via the laws of intestacy.
That being said, the practical effect of this distinction is going to depend on the nature of their assets and how they were held. For instance, some of the assets, such as property held in joint tenancy, are not going to be governed by your father-in-law's will and would be the sole property of your mother-in-law at her death.
You should have the matter reviewed by a probate attorney. If we can be of assistance, please give us a call (310) 787-7577.
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