Will my deceased husband's share of his mother's estate go to me?

Full question:

My mother in-law has a will that names her son to get a equal amount of her Estate when she dies. Her son (my husband) passed away 10 years ago. She said her estate will go to me, and she does not have to change her will to substitute or add my name. Is that true?

• Category: Wills and Estates
• Date: 04/07/2025
• State: Washington

Answer:

Sometimes a will provides something to the effect: "If my son John Doe predeceases me, then all of my estate will pass to his wife Jane Doe." If you mother-in-law's will does not have such a provision and is silent regarding how her estate should pass under these circumstances, RCW 11.04.015 provides in part as follows:

The share of the net estate not distributable to the surviving spouse, or the entire net estate if there is no surviving spouse, shall descend and be distributed as follows:

(a) To the issue (i.e., children) of the decedent;

(c) If the decedent not be survived by issue (i.e., children) or by either parent of decedent, then to those issue (i.e., children) of the parent or parents (i.e., decedent’s brothers and sisters) who survive the decedent;

(e) If the decedent not be survived by issue (i.e., children) or by either parent, or by any issue of the parent or parents or by any grandparent or grandparents, then to those issue of any grandparent or grandparents who survive the intestate; taken as a group, the issue of the maternal grandparent or grandparents shall share equally with the issue of the paternal grandparent or grandparents, also taken as a group; within each such group, all members share equally if they are all in the same degree of kinship to the intestate, or, if some be of unequal degree, then those of more remote degree shall take by representation.

No provision is made for the spouse of the child of a decedent.