if my mother did not have a will

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if my mother did not have a will

can my younger adopted daughter take over her estate, if I am the oldest son?

Asked on November 27, 2017 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Her estate will be shared (in equal shares) between you and your siblings, assuming that she was not married at the time she passed away. (Your statement that you are the "oldest son" implies you have siblings.) All of your mother's children inherit equal shares of her estate (the money and property she left behind); being oldest does not give you any more or greater right to her estate than your younger siblings have. If you give up your right or claim to  your portion of her estate ("disclaim" your inheritance), your share does not go to your daughter: instead, you share is itself divided amongst your siblings.


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