Q: Is a spouse eligible to receive husbands inheritance that had not been given to him yet by the courts after he dies?
A: If the husband had no will, the husband's inheritance will pass to his heirs according to the laws of intestacy. The wife would be entitled to a portion of the estate as would any children of the husband. The wife will need to file probate on behalf of the husband to receive his inheritance. Schedule a free consultation to ensure the proper steps are take to distribute the inheritance.
A: If the spouse is one of the husband's heirs as determined by the court, the spouse might be eligible to receive a portion of the inheritance depending on factors like is the wife named in the deceased husband's will, have the debts of the deceased husband's estate been paid, what is the nature of the assets not yet distributed, does the deceased husband have living children or other descendants, etc.
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