What legal rights do I have if my ex-husband and I had 2 children together and he just passed away without a Will?

UPDATED: May 26, 2015

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What legal rights do I have if my ex-husband and I had 2 children together and he just passed away without a Will?

Our children are 12 and 14. He also has an older child from his first marriage who is 21. We were divorced for 1 year and 3 months.

Asked on May 26, 2015 under Estate Planning, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

When a person dies "intestate" (i.e. without a Will). their estate is split among their heirs. Typically, that would be among their surviving spouse, if any, and their children. So in this case, unless your ex had remarried, his 3 children would equally share in his estate.

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