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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.


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