Legal Question in Real Estate Law in Texas
Death and Estate
If your spouse passes away and there is no will does all the possions go to the other spouse? What if that spouse has kids?
Asked on 2/05/07, 12:13 pm
1 Answer from Attorneys
Cheryl Rivera Smith
The Smith Law Firm
Re: Death and Estate
You didn't say whose kids they were. If the decedent had children prior to marriage, then those children inherit all of the separate property and 1/2 of the community. If the children are the children of the surviving spouse and the decedent(and there are no others outside the marriage), then surviving spouse takes all.
Answered on 2/05/07, 2:23 pm