Who inherits if there is no Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

Who inherits if there is no Will?

My wife passed away and I am sick and dying. The house and land were in her name. I have 1 son; she had 6. Who will get land?  I’m in TX.

Asked on December 8, 2011 under Estate Planning, Texas

Answers:

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

Answered 9 years ago | Contributor

Sorry to hear about your wife and sorry to hear about your health.

When there isn't any Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will. 

Under intestate succession, the surviving spouse inherits the estate from the deceased spouse.  If there is no surviving spouse the estate goes to the surviving children.  You have inherited your wife's estate.  The surviving children will inherit the estate (house and land) from you.  Since there are seven surviving children, each child will have a 1/7 interest in the estate.  The seven children will inherit equal shares of the estate whether they are step-children or your own child.  If a child dies, but has his or her own children, those children receive their parent's share which would be divided among them.  For example, if one child who is to receive 1/7 of the estate died, but left two of his or her own children, each of those two children would receive 1/14 of their deceased parent's share (1/14 + 1/14 = 2/14 = 1/7).


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption