Legal Question in Wills and Trusts in Texas

unfortunately unless there is enough value to the assets, there is nothing you can do. The cost of probate is normally $1500 plus costs...Assets would include all jewelry, house, cars, clothes...etc....call if we can help

When a married person with children from outside the marriage dies without a Will, their property passes under default rules. Under those rules, the community estate is divided. The surviving spouse retains their half, and the decedent's half passes to the decedent's children. Separate property is a bit more complicated. Separate personal property is divided among the surviving spouse and the decedent's children 1/3 and 2/3 respectively. Separate real property effectively passes to the decedent's children, but the surviving spouse is granted the right to live there for the duration of his or her lifetime.

Knowing where the property should go is one thing. Knowing what sort of property you're dealing with is typically what determines how situations like yours go. Cooperation with the surviving spouse will usually do more good than harm. If, however, push is coming to shove and the property is worth fighting about (either in monetary or sentimental terms,) you're going to need an attorney to guide you through the process of enforcing the heirs' rights.