Legal Question in Wills and Trusts in New York

Re: Deceased father-in-law's estate

I all depends on what happened with your father-in-law's estate. Did he leave anything to both you and your husband? Did he leave something to your husband?

General rule is that if he left something to your husband and he kept it separate from the marital estate then it doesn't get divided. What is separate? If he inherited money, and he put it in his own account instead of putting it into a joint account with you. Or if he inherited money and he did use that money on joint expenses or use that money on the marital home for your joint benefit.

Working out the Separation Agreement for a divorce is mostly negotiation on what to split and what not to split. If both you and your husband are filing for joint divorce then work it out with him to see what is fair and equitable.

Re: Deceased father-in-law's estate

You may be; it you think this is not what you want, you do not have to accept this.

Re: Deceased father-in-law's estate

You do not say if you were named specifically in the Will to get something if you were married at FIL's death, or if something went jointly to you and your husband. The Will needs to be reviewed to see what it says. While I agree generally with Gabe's reply, there may be more to this. Even if your husband got something in his own name and kept it separate so it did not become a marital asset subject to equitable distribution, it may have some bearing in the divorce. For example, if income from the separate holding was used for family expenses, the income may go to "family lifestyle" and be considered on issues of alimony and/or child support. If the inheritance was commingled with your assets, it may have become an asset subject to equitable distribution. More information is needed to give you a complete answer.