Surviving spouse

[tdoll132]

What is the name of your state (only U.S. law)? Missouri and Illinois
My husband died in 2004. Our attorney at the time did not have the will probated because everything was owned jointly and passed to me. We have a currently 17 yr old daughter.
My deceased husband (Missouri) had an aunt (Illinois) die in Sep 2008. She did not have any children or surviving spouse. He was written into her will prior to either of their deaths as one of the heirs to her estate. In Sep 2008, my daughter was given a "gift" of money under 12k. I recieved a call last night from the executor stating there were annuities that had my deceased spouse as heir. I was asked to call their attorney to set up distribution. He also mentioned that their were "oil wells" that would need to go through probate. My question is, who is the actual heir? Myself? My daughter? or both?What is the name of your state (only U.S. law)?

[anteater]

Generally speaking, as a surviving spouse, you are out of the line of succession. But, as the parent, you are the normal guardian of anything that your daughter inherits (unless there are circumstances that would warrant appointemnt of another guardian for her funds.)

Also, generally speaking, a well-written will specifies what happens to a bequest if the specified beneficiary predeceases the testator. If the will does not, then state law governs what happens and I am not familiar with Illinois law on that subject.

As for the annuities, the annuity contracts govern. Usually, if a designated beneficiary is deceased and there is no contingent beneficiary(ies), the funds would be paid to the probate estate to be distributed under terms of the will (or intestate succession if there is no will). Give the attorney a call to see what is up.

(As for your mention of the "gift", who knows exactly what that is. Who did it come from? You can ask the attorney if that is related to the aunt's estate or if somebody was "freelancing" with aunt's money.)