my aunt passed away and she had a will.

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my aunt passed away and she had a will.

Put the will says that half the estate goes to her remaining living sister, but
it doesn’t say anything about the remaining half.
who does that go to?

Asked on March 13, 2019 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the will is completely silent about what happens to assets (in this case, to half the estate), that other half will be distributed according to the rules for intestate succession, or who gets what when there is no will. In Texas, if you aunt was not married when she passed, had no children, and no surviving parents, it is divided among her siblings and, if any sibling died before her, their children. So say that there were three siblings: your aunt; the surviving sister, and your parent, who passed away (which is what your question implies). Of the half not going by will, that half will, because there were two siblings of your aunt, go 1/2 to the living sibling and 1/2 to you and any of your siblings, as the children of the deceased sibling.
So the surviving sister gets 1/2 of the 1/2, or 1/4, in addition to the 1/2 left her; and your parent would have gotten 1/2 of 1/2, or 1/4, which 1/4 is divided among you and your own siblings, if any.


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