Legal Question in Wills and Trusts in Texas
My father passed away a year ago and left no will behind for his things prior to his marriage now his widow is trying to claim everything even though they were only married 5 years I'm the oldest son and I have a little brother and sister not by her though. What can I do bout her wanting everything?
1 Answer from Attorneys
Since there was no Will, the property will pass as provided by Texas law.
Because there were children that were not children of the surviving spouse, then all of the children will receive half of the community property.
The children will receive 2/3 of the separate personal property and the spouse will receive one-third. The children will receive all of the separate real property subject to a one-third life estate in the spouse.
All of the above is subject to certain claims such as reimbursement. You should have a qualified probate attorney to help guide you through this.
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