Q.
My husband and I have left everything we have to our daughter. In the event that she divorces her husband, and we die, will he share in her inheritance?
-- PAT
A.
A former spouse has no rights by law in the estate of the parents of the other spouse. Once spouses are divorced, neither has any rights in the estate of the other spouse, including any part of the estate of former in-laws. This rule may not apply in every situation. For example, if one former spouse is owed money by the other former spouse, the inheritance could be subject to the claims of the creditor spouse. That, however, is no different from the rights of a creditor, whether a former spouse or not, to recover a debt from any of the general assets of the debtor spouse, including inherited property. Also, not included in the rule stated above is a divorce decree or agreement between the former spouses, such as a separation agreement, that grants rights to a former spouse in the estate of the former spouse's parents. That, however, is not likely to happen.
