Legal Question in Wills and Trusts in New York
Estate money for grandchildren
My husband passed away. My mother-in-law passed away a few weeks after. My father-in-law had died a few years ago and my husbands younger brother had guardianship of his mother who was mentally impaired. My husband has another brother. Are my two young children entitled to any of my mother-in-laws money even though my husband has passed away?
1 Answer from Attorneys
Re: Estate money for grandchildren
It depends on whether your mother in law had a will. If she did, then the provisions of the will determine if your children are to receive anything. If she did not have a will, then your children would be entitled to share in the estate under the laws of intestate distribution. This is because your father in law predeceased your mother in law, leaving the estate to go to her children. However, because your husband predeceased his mother, then his children would take his share of the estate (assuming your children are his children).
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