How will me father’s estate be divided if he died with no known Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How will me father’s estate be divided if he died with no known Will?
There are 11-13 children and a wife of a year. All properties and assets were obtained way before their marriage. The house and property we lived in, she moved out of. She has paid no bills here and changed her address. The other day she came to steal belongings that were here before she moved in. Does she still have the legal right to live here? Is she allowed to be on the property? Does she have a part or stake in any of his real estate? What can we do?
Asked on July 27, 2014 under Estate Planning, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
I am so sorry for your loss and for the issues that have arisen. Your Father died "intestate" and thus the intestate succession statute will apply in the distribution of his estate. But first, the property in question has to be charachterized as either community property or separate property. All property acquired during a marriage is presumed to be community property. Under Texas laws, if you are married and are survived by a spouse and children, then your surviving spouse will inherit all your community property if all your children are also the children of your surviving spouse. Otherwise, all your one-half interest in the community estate will pass to your children, with your spouse keeping only his or her one-half interest. If your property is characterized as separate property, the distribution scheme is different. If you are survived a spouse and children, your surviving spouse is entitled to one third of your separate personal property and only a life estate (the right to use the property until his or her death) in one-third of your separate real property. The rest would be inherited outright by the children of the deceased spouse. What you need to do is to consult with an attorney asap. Good luck.
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 AttorneyPages.com 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.