What to do if a new house was not included in my late parent’s Will?

UPDATED: Apr 2, 2013

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What to do if a new house was not included in my late parent’s Will?

Asked on April 2, 2013 under Estate Planning, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, check what the will says: even if it does not list the house specifically, if it states anything like "all my real property" or "all the rest, residue, and remainder of my estate" goes to a certain person, then those clauses would take in or include the house as well.

Second, if truly the house is outside the will, then it will pass by intestate succession, which is the law in regards to who inherits in the absence in a will. When there is no surviving in spouse, that is almost invariably the children, divided equally among them. A trusts and estates attorney can help you understand who inherits and also navigate the administration of the estate.

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.

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