widow's rights?

[bluelily]

My husband died several years ago leaving grown children from a first marriage and me with 2 children still at home. We have received word that he is receiving a sizeable inheritance. The person in charge of the distribution said that only the children are entitled to a share. As his widow am I not entitled to anything? He didn't leave a will. I don't want to appear greedy but my children are still at home and I have college yet to pay for. He died in Indiana and the inheritance is from Texas. Which state laws would take priority?

 

[lwpat]

Was probate ever opened? If so who was the personal representative?

Regardless, what you will need to do is to go to the probate court in his county of residence and open or reopen probate. The old PR can do it very easily. The money will then be paid into his estate and distributed according to the laws of Indiana. It appears that you are entitled to one third.

 

[bluelily]

Thank you for responding so quickly. There was never any probate opened. We had been separated and he lost his life in a fire that also destroyed most of his personal belongings. He left no money. The money won't be distributed for a while yet. Should I get a lawyer or wait until they say I definitely don't get anything before I raise a fuss?

 

[lwpat]

You need to open probate and be named as the PR. Then you can demand the money be paid to his estate.