Who should receive my deceased daughter's inheritance: her husband or her sister?

1 answer | Last updated: Sep 21, 2016
A fellow caregiver asked...

My ex-husband has just passed away, leaving an old will which designates all of his estate to our two daughters. Our oldest daughter (who was married with no children) has been deceased for several years. Does my remaining daughter inherit all of his estate, or does part of it go to my deceased daughter's husband?

Expert Answers

Judy and Fred co-mediate family property and financial conflicts, and each work individually as mediators as well. Judy Barber, a mediator and family business consultant, assists clients in resolving overlapping family and money conflicts so they are better able to make sound estate planning decisions. Frederick Hertz is an attorney and mediator who specializes in resolving co-ownership matters involving families, siblings, spouses, cohabitants and domestic partners.

The answer to this question depends on two factors: what precisely does your ex-husband's will say, and what is the law in your state regarding an heir who predeceases the testator. We recommend that you contact a local estate attorney, and consult with that attorney who will surely be able to answer the question once he or she reviews the will.