Legal Question in Wills and Trusts in Texas

What happens to an estate if the owner dies & there is no will

My neighbor is in a nursing home-& will probably not ever be able to come home. He has property & a home- there is no will made - if he dies what will happen to his estate? He has 3 blood children & 2 stepchildren. Who will get the property & home - what will happen to it? One of his blood children are living in his home now. What will happen if he passes away & there is no will?


Asked on 11/29/00, 12:29 pm

1 Answer from Attorneys
David Leon David L. Leon, P.C.

Re: What happens to an estate if the owner dies & there is no will

Well, that all depends. How is the neighbor paying for the nursing home? If the government is paying for it, then the government may have an interest in the estate. Also, is the person in the nursing home competent? If so, then he needs to do some estate planning ASAP. If he dies, then his property passes via the intestacy statute to his spouse and children, subject to the debts of his estate.

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Answered on 12/03/00, 7:11 pm


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