How is some ones assets distributed if they die without a will. Married with four children three pf them minors at the time he died.

UPDATED: Oct 1, 2022

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How is some ones assets distributed if they die without a will. Married with four children three pf them minors at the time he died.

My dad died and had several
million dollars worth of stock as
well as his ira pension and
multiple life insurance policys.
How is it split up if he died
without a will in texas married
with 3 minor children at the time
of his death.

Asked on May 11, 2018 under Estate Planning, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

When someone dies wthout a Will, they die "intestate". Accordingly, the intestacy laws of the state in which they were domiciled at the time of their death will control. Since yours is a community property state, all community property goes to the surviving spouse, plus 1/3 of the separate personal property and the right to use any real estate for life; the children of the deceased inherit everything else. However, not all property goes into the estate. Certain asssets such as IRA's, pensions and/or life insurance proceeds are typically paid to the person who is specifically name as the beneficary of each of those assets.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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