My husband died before probate completed on his mother's estate. She died Mar '18, he just passed 8/23/19.

Question

He & aunt beneficiaries. No named alternates. Opened estate for my husband but now being told by probate attorney (in MD) that it's in question as to whether his share will go to his estate. Attorney said she'd never seen a will written w/o alternates (really?) so she turned over to another attorney for consultation. We were married  20 yrs & estate should have been settled but aunt used her own husband's illness as a excuse for not selling property in a timely manner. She moved 2 doors down into house deeded in both their names. Contract signed in June for her to pay my husband's share. She never pd him. House deeded survivorship. Even though contract signed for her to pay him, with his passing, will she get this house w/o having to pay his estate? And can you comment as to whether his share of his mother's estate will go to his own estate?  I have an attorney here in FL who is going to sort thru this, but needless to say, I am losing sleep besides dealing with his sudden passing.

Nina Whitehurst · Answer

The fact that you mother in law’s estate hadn’t closed by the time your husband died has no bearing. The real question is whether your husband outlived whatever survivorship period applies either by law or in your mother in law’s will. March to August is five months which is far longer than most survivorship periods. That means your husband’s inheritance was vested when he died. So now your husband’s estate needs to be probated to transfer his inheritance to HIS heirs under HIS will.

Q: My husband died before probate completed on his mother's estate. She died Mar '18, he just passed 8/23/19.