Legal Question in Wills and Trusts in Michigan
Inheritance
My husband passed away intestate, his father who is still alive left my deceased spouse money in his will, does that money now transfer to me? does it only transfer to me if I am named in the will? Can my deceased husbands sisters have me disinherited...or does the will have to be changed first?
3 Answers from Attorneys
Re: Inheritance
Unless your father-in-law dies before he changes his will AND his will had a clause that stated that should the beneficiary is deceased prior to his (dad's) death, the property passes to beneficiary's estate, you do not have a right to the property. If the clause did not name beneficiary's estate as new beneficiary and someone else like your sister-in-law is already named, then I see no reason why the testator would change the will unless, of course, he would have your or your kids (his grandkids') interest at heart.
Re: Inheritance
Unfortunately your husband did not have any interest in the money since it was not his when he died, and thus you currently have no interest. Since you are not an heir of your father in law, he would have to put a specific devise in his will for you to receive anything.
Re: Inheritance
Your husband had no right to what his living father might have willed to him. Property does not pass in a will until the testator dies. No property passed to your husband and therefore there is no property for you to claim and likewise nothing to disinherit.