If my husband dies, are my stepchildren entitled to any part of our house?

Asked on April 6, 2014 under Estate Planning, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your husband leaves a Will, the Will is controlling as to the designated beneficiaries.

If your husband does not leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.  Under intestate succession, if your husband dies, you would inherit the entire estate as the surviving spouse.  If there is no surviving spouse, the estate will be divided equally among the children.  Whether or not the children are stepchildren is irrelevant regarding their right to their inheritance.


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