Legal Question in Family Law in Texas
death settlement
If there is a death settlement pending and the person that was killed had no will how is the estate divided. She has 2 living brothers, 1 living sister and one brother who passed 10 yrs. ago. I am the wife of that brother who passed, still carry last name and have not remarried. My two children still are alive and have the same last names as well.
2 Answers from Attorneys
Re: death settlement
Generally and briefly the law of unmarried intestate succession, when there are no descendents or parents; is that the estate passes to the siblings and their descendents.
Your children may be able to inherit per capita with representation. Generally, each living sibling takes a per capita share, and the descendents of the deceased sibling share that portion.
The provisions are found in the Texas Property Code, section 38. You need to consult with a Probate Lawyer to determine your children's rights, if any.
Re: death settlement
What is the death settlement for? Was it insurance or lawsuit?
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