Brother-in-law passed away leaving property and 20,000 in profit sharing. Does his wife, who moved to another state when he got sick, get his estate if he didn't leave a will?
Mar 02, 2010 / By: Cheryl K. David, Estate Planning Attorney / Category: Estate Planning, Probate Questions“she lives in a different state from him…we just found her after his death..he only had us till the end…does she have the right to take his estate”
Dear Distraught in NC,
I’m sorry to hear about your brother-in-law’s passing and the circumstances which led you to ask this question. Unfortunately, if your brother-in-law wasn’t divorced, depending on how the property was titled, your sister-in-law may be entitled to his entire estate. First determine how the property was owned. If you look at the real estate title and it has both of their names listed, then it is likely hers. With regard to the profit sharing, it depends on whom your brother-in-law named as beneficiary. The beneficiary of this type of asset is usually the spouse. Also, look hard to see if a will turns up. They can be hidden in the strangest places. If you find one, see what the will states. While it is likely that your sister-in-law will receive everything, you may have a claim for certain bills and expenses you paid on behalf of your brother-in-law. Please make sure this doesn’t ever happen to anyone you know. Encourage your friends and family to do estate planning before they get ill or pass. Again, my condolences to your family.
Sincerely,
Cheryl David
Law Offices of Cheryl David
5606 West Friendly Avenue
Greensboro, NC 27410
(336)547-9999
www.cheryldavid.com
The Law Offices Of Cheryl David is a member of the American Academy of Estate Planning Attorneys.
