If my father remarried 40 days prior to passing, who inherits his estate if he died without a Will?

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If my father remarried 40 days prior to passing, who inherits his estate if he died without a Will?

He had 3 daughters; he had a house, cars and a camping trailer in his name. Who has legal rights to them?

Asked on April 12, 2012 under Estate Planning, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Sorry to hear about your father.

When one dies without a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.

Under the rules of intestate succession, your father's surviving spouse would inherit his entire estate.  It is irrelevant that the marriage was only forty days.  If there had not been a surviving spouse,  the three surviving daughters would each inherit 1/3 of their father's estate if there weren't any deceased siblings with surviving children.  The surviving children of deceased siblings would inherit their parent's share.

Again, since there is a surviving spouse, she will inherit your father's entire estate due to intestate succession.


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