A friend has received a legal advice from the court appointed administrator but it seems to be going against normal logic.. thus we've been searching for information but found conflicting information as well..so here's go..
A friend is uncle just past away a few months ago, however, his wife past away two years ago.
Since they both are childless; the court appointed administrator saying that my friend mom will inherit the entire estate, as she's the only living sibling. However, the deceased uncle wife do have siblings, but they would not have any share of the estate as the wife died two years prior.
When the wife past away, the uncle received the entire estate, as he was the surviving spouse.
Thus does it sounds right that the Uncle's wife family do not entitle to anything?
I take it there was no will from either the uncle or his wife?
Senior Member - 2K
posted: Jan. 25, 2013 @ 10:13p
When the wife died, her husband got everything. When he dies, the dead wife's family won't be entitled to anything unless they are named beneficiaries by him. The wife made the decision (either through action or inaction) not to leave anything to her family.
Senior Member - 1K
posted: Jan. 25, 2013 @ 10:26p
If your friend's mom feels bad about getting it all, she can give whatever she wants to her brother's wife's family or whomever she feels deserves something.
posted: Jan. 25, 2013 @ 11:14p
No will from both.. as for the disbursement i'll leave up to them.. but will let them know that the entire estate is their to do as they are pleased
posted: Jan. 26, 2013 @ 7:08a
The court appointed administrator's decision sounds correct to me.
posted: Jan. 26, 2013 @ 9:08a
yep, if they had died at the same time (or in a very short span of time) then the answer might/would be different, but the wife's estate passed fully the Uncle. any relatives she had would have need to receive from her estate, under intestate (without a will) they are not entitled to anything from the estate of their former brother in law.
The only potential issue I see is you say your friends mother it the only living sibling of the uncle. do they have any other deceased siblings? if so, do those siblings have any living descendants? Depending on the jurisdiction, those descendants (the other nieces and nephews) *might* be entitled to their parent's "share" of the estate. This is only for siblings of the uncle, the wife's siblings are out of it entirely.
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