What would happen if my sister died without a will?

[gosgonue]

Texas.

So today my sister and I had the inevitable discussion of what would happen if we died.I have a will that dictates who gets whatever I leave behind,but my sister...not so much.It was after she said neither she or her husband had a will that she told me something that has me worried.She said that if she were to die her husband would get everything,which I was expecting,but she said that if both her and her husband die then,because there's no will and her mother-in-law is listed as the secondary on their house and life insurance policies,her mother-in-law would inherit everything.

So here's my first question:Is that true?Would my sister's mother-in-law automatically inherit everything in the event that my sister and her husband die without a will?I'm not talking about money or anything like that,but rather personal property.Our mother died recently and my sister inherited a bunch of things that I don't feel her mother-in-law should receive,not to mention all the gifts that I've given her over the years.

My second question is:Would I have any legal options in the event that my sister's mother-in-law does inherit everything?

I really don't like thinking about this,and I know the odds of them both dying are slim,but I haven't been able to stop thinking about this since we had our talk.I really don't want to have to be the one who says 'Hey,your mother-in-law shouldn't be getting these things,go make a will!',but I'm getting the really bad feeling that I might have to.

 

[commentator]

Scenario: Your sister dies first, without a will. Husband gets everything (assuming there are no kids). Husband dies intestate. In the unlikely case that his mother does not predecease him and there are no other relatives, she'd be his heir. If he has any children, brothers and sisters, etc. they'd be his heirs. They'd never get around to leaving anything to you, even the things that originally belonged to your mother. And there's no possibility of your suing to get them, either. They might sell them to you, for the right price.

Actually, you may predecease either one of them. You may get dementia and totally forget about any of your mother's stuff that you used to want. You may forget you have a sister. There's absolutely no way to predict any of these scenarios. I have actually seen things like this happen.

So I think you need to be very frank with your sister. Based on your real feelings, you should tell her, "Honestly, Susie, if you don't mind, would you please make a will leaving Mother's handmade toe-covers and her jelly jars to me? I'm sure Bill and his mother won't appreciate them like I would. And I don't like the idea of them passing to someone who wouldn't appreciate them."

Of course you don't have to mention that you'd try to sue them and get the stuff back. You wouldn't be able to anyhow. It's a very ugly scenario to think you would try. If you don't have the courage to say this to her directly, then you'd better put the whole issue out of your mind.

By the way, in your will are you leaving your mother's things that YOU have to your sister? Knowing that she might then eventually leave them to her husband or even his mother? Or are you all bound up with possibly leaving them to your children? I have seen so many absolute auctions where the priceless antiques and handmade whatevers are sold to the highest bidder, sometimes for less than a dollar.

When the dust clears, it's all just stuff, and one good house fire or tornado would relieve you of the worry you're having.