Legal Question in Wills and Trusts in Texas

Re: Death without will in TX

I have a correction to my previous answer. If he has no children from a previous marriage, wife gets all personal property and 1/2 of the separate real property (real estate). The other 1/2 goes to the parents or descendents of parents (siblings). Keep in mind that she also inherits a life estate in the homestead.

Re: Death without will in TX

Although TX is a community property and homestead state, it is an inception of title state. The house and anything he owned prior to parriage is separate property. If there is no will, then she inherited a life estate in the house because of her homestead rights. If he has children from a prior marriage, the children would inherit residuary interest in the house and any other separate property, plus his portion f the community property. If no children, then wife inherits the house and his separate property. Bottom line, it is all hers unless he has children from a prior marriage. If that is the case, then the children should hire an attorney to protect their interest.

Re: Death without will in TX

Your sister stands to inherit all his personal property, so selling it or giving it away doesn't cause any problems.

She should get the death certificate and see a lawyer about getting his estate entered into probate. That will avoid problems with the real estate later on.