Legal Question in Wills and Trusts in Massachusetts

Re: father in-law's will

The answer will be found in your father-in-law's will and your husband's will. Of course you should not ask your father-in-law if you can look at his will, you will need to wait on that until his passing. But your answer hinges first on what his will calls for in the event of the death of a child. Some parents allow the inheritance to go into the deceased's child's estate and go out from there according to the child's will. Other parents state that a deceased's child's share shall pass to that child's kids. And other parents write that a deceased child's share shall pass to his siblings. If your father-in-law dictates that a deceased child's share passes into that child's estate, then you would inherit only if your husband's will provides for you and not just for his son. And all this of course assumes that your father-in-law has assets that will pass through his will - there are many types of assets that pass directly to beneficiaries named on the assets (like naming a beneficiary on a CD). Sorry there is no straight-forward answer here.

The most important thing to focus on right now is helping your father-in-law use his funds to provide the best care and comfort available as his health declines.

Re: father in-law's will

When your husband died, any provision in his father's Will no longer included him. Unless the Will says something like "To my son, or his wife if he should predecease me..." then the step-daughter is correct.

Re: father in-law's will

Without reading the actual will, it is impossible to say, although it is certainly possible that your father-in-law's will did not anticipate your husband's death.

If your father-in-law wishes to provide for you (even in the absence of your husband), then he may need to revisit his will.