If a wife of 54 years dies without a Will, does everything automatically go to the husband?

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If a wife of 54 years dies without a Will, does everything automatically go to the husband?

There are 2 pieces of property, a savings account and a checking account. There are 5 children in their forties and fifties. They live in a community property state.

Asked on May 27, 2014 under Estate Planning, Texas

Answers:

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

Answered 6 years ago | Contributor

When a person dies without a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.

Under intestate succession, the surviving spouse inherits the entire estate.  If there had not been a surviving spouse, the estate would be divided equally among the children.


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