Reply to MIL died with will; FIL has none

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[quote=Anonymous]I’m sorry for your loss.

Your MIL’s will passes everything to FIL since he’s still alive. Beyond that, her will has no bearing on what her children inherit. Most, if not all, states dictate that whatever is left of someone’s estate after all debts are paid will be divided equally between their biological and adopted children if they do not have a living spouse and they die without a will. However, since nothing is spelled out, if the children cannot agree on how to split the estate evenly, a probate judge could be the one to make the decisions. PP is correct that if FIL remarries and then dies without a will, his spouse might inherit everything.

If your FIL does not make any arrangements at all and has no spouse at the time of his death, someone will have to front the money for his burial/cremation/funeral expenses before the estate passes through probate, then submit the bill to the probate court for reimbursement from the estate, and hope that FIL’s estate will have enough money to pay all bills. He may have plenty of money right now, but will he if he ends up living to 105?[/quote]

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