What to do if my stepfather passed away suddenly without a Will or beneficiaries on his bank account?

He has 3 grown sons and no children with my mother, who he was married to for 13 years. Things are getting a little messy between his sons and my mom as far as dividing materials and money. Anything she sells must be split with them and they divide within themselves. Is there any possible way of selling the home they lived in which is a pretty older home and use that money to buy a smaller home for herself without splitting what she gets on the home between her and the 3 boys?

Asked on September 14, 2012 under Estate Planning, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  Dying with out a Will in Texas does not give the survivors much leeway as the Texas intestacy statutes are very rigid.  I am assuming that the house was theirs under the law and considered community property.  Under intestacy it would be divided half to your Mom and the other half to the 3 boys.  So the answer here is no, she can not.  Good luck.

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