If someone dies without a Will who has the right to their property – their child or their wife?

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If someone dies without a Will who has the right to their property – their child or their wife?

All property is in the husband and wife’s name. The husband has 1 daughter. Is the daughter entitled to part of their property or does the wife keep the property?

Asked on August 23, 2011 Texas

Answers:

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

Answered 9 years ago | Contributor

Sorry to hear about the husband.

When the husband died without a Will, the rules of intestate succession determine inheritance.  Intestate mean dying without a Will. 

In your case, the surviving spouse inherits the husband's entire estate; the wife keeps the property.  If there had NOT been a surviving spouse, the entire estate would have been inherited by the daughter.


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