If I have 2 sons (1 deceased and 1 living) and both have heirs, what happens if I die without a Will?

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If I have 2 sons (1 deceased and 1 living) and both have heirs, what happens if I die without a Will?

What are the grandchildren’s rights? IAre the children of the deceased son rightful heirs to my estate?

Asked on April 11, 2012 under Estate Planning, Texas

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

If you die without a will, the laws of intestate succession determine who gets what.  Why would you let the state decide who should get your estate.  Get with an estates attorney to assist you in the estate planning process.  Do not leave this to chance or to state law.

For more on this please read my article Estate Planning Mistakes: 5 Not So Easy Pieces at the following link: http://www.sjfpc.com/estate_planning_drafting_wills_trusts.html

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

Answered 9 years ago | Contributor

You are doing a little estate planning I see.  It is always best to seek advice from an attorney or estate planner in your area on the matter. But if you die intestate - with out a WIll - in Texas then the intestacy statutes will apply.  I am assuming her that you have no spouse (or die "single" as Texas puts it).  Then your son will inherit 50% of your estate and the grandchildren of the son that predeceased you will share in the other 50 % that would have gone to their Dad. Good luck.


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