Daughter left out of will

[TNinlaw]

My wife's father passed away and he didn't leave a will. He was married to a woman (not my mother-in-law) and they didn't have any children. They were married for 20 years and my wife is 40 yrs old. My wife has an older brother about 42. My father-in-law had most everything in his name only. He also has items that belonged to my wife's grandparents, but her step mom doesn't want to give them up. Is my wife entitled to anything or does she have to accept whatever her stepmom says.

 

[dee_dub]

What state do you live in? Assuming Tennessee from your name, the wife of the deceased will get 1/3 of the estate, and the kids will split the rest.

 

[TNinlaw]

What if there was a life insurance policy that leaves money as beneficiary to deceased wife

 

[dee_dub]

That money all goes to the named beneficiary. It isn't part of the estate. The estate is split up as I mentioned above.

 

[TNinlaw]

What if the deceased had a lot of bills that are unpaid and in his name only, would my wife be responsible in any way

 

[dee_dub]

Generally, no. Any debts owing by the deceased get paid out of the estate. If there is anything left after the debts are paid, it gets divided up as above. If there isn't enough in the estate to cover the debts, that's the end of the story. The creditors can't go after your wife.

(Unless the deceased was hiding assets in your wife's name to defeat his creditors, then maybe they can go after her.)

 

[lwpat]

dee_dub, your first post is incorrect if there was a will. See the subject line of the post.

 

[dee_dub]

Yeah, that discrepancy crossed my mind too, I should've mentioned it in my reply. Good catch.