Does My Sister’s Husband Inherit?

Dear Liza: My Mother’s Will left ½ to me, ½ to my sister.  I am married with no children; my sister is survived by her husband and two grown children. The probate attorney said my sister’s share will go to her two children, but that her husband would inherit nothing.  If that’s true, why does my attorney want my sister’s husband to sign a Quit Claim deed?   As a general matter, unless a Will or trust states otherwise,  a parent’s inherited share is passed to their surviving issue (children, grandchildren) and not to a surviving spouse.  Of course, your mother could have left your sister’s share to your sister’s husband if she wanted to. Without reading the Will and without reviewing probate rules for your state, I can only offer you some general thoughts.  It sounds as if your attorney is just being extra careful to make sure that title to the house is clear–if you ever sell that house, the chain of title must be documented and cleared before the sale. A Quit Claim Deed documents that your brother-in-law has no claim on the property, which sounds true.  Your brother-in-law may feel more comfortable signing the Quit Claim deed if he gets his own attorney to make sure that nothing fishy is going on.