If a single parent dies and leaves a home but has 2 children, does that mean that 50% of the property goes to each child?

UPDATED: Jul 11, 2013

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If a single parent dies and leaves a home but has 2 children, does that mean that 50% of the property goes to each child?

Asked on July 11, 2013 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the single parent had a will, then the property will go however the will directs or instructs.

If the parent did not have a will, then the property will be divided evenly between/among all children, which, in the case of a house, could mean selling the home and dividing the proceeds if the children cannot otherwise agree what to do with it.


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