Q: Question regarding mother n law’s will. My husband and his brother r heirs of their mother’s will. Mother passed
In aug 2018. The Will stated, sons must live at least 30/days after her passing. The court date for the will is Jan 9, 2019. My husband, her son, has liver cancer and as of this date 11.29.18, he is in a coma state with a very short time left. He will not be around to attend court n Jan 2019 unless God performs a miracle. My husband’s will states everything goes to me. My question is, because he out lived the 30 day requirement stated in his mother’s will, does his inheritance go to his estate and in turn go to me?
A: The date on which to start counting 30 days is the date after the day the person died, not the court date. Your husband has already lived 30 days beyond his mother. However, under the Texas laws of descent and distribution, his inheritance will pass to his children, not to you.
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