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Shouldn't my late husband's portion be mine?

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cstan

Junior Member
What is the name of your state? Texas
My first husband died about 15 yrs ago (about 6 months after his father died) his mother died earlier this year and I have just found out that my father-in-law left a trust within his will to his wife but upon her death, it was to be termintated and distributed to his two sons - no other survivorship language is mentioned. The executor of the will has distributed my husband's portion to my 2 sons, but since my husband left everything to me in his will, shouldn't I be entitled to his portion? A friend of mine told me that my husband's interest vested when his dad died so I should get his part. Is this true?
 


BelizeBreeze

Senior Member
What is the name of your state? Texas
My first husband died about 15 yrs ago (about 6 months after his father died) his mother died earlier this year and I have just found out that my father-in-law left a trust within his will to his wife but upon her death, it was to be termintated and distributed to his two sons - no other survivorship language is mentioned. The executor of the will has distributed my husband's portion to my 2 sons, but since my husband left everything to me in his will, shouldn't I be entitled to his portion? A friend of mine told me that my husband's interest vested when his dad died so I should get his part. Is this true?
you are not entitled to anything.
 

Zigner

Senior Member, Non-Attorney
You already GOT everything that your husband intended upon his death. (Assuming his probate was done correctly)
 

ceara19

Senior Member
You were not related to his mother at the time of her death. Since your husband died BEFORE his mother, he was not a "surviving child" at the time of her death, therefore the asset was divided amongst her LIVING heirs.
 

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