Legal Question in Wills and Trusts in Texas
Are children of a deceased spouse hiers
I live in texas
my father passed away in 4-07 and here is my exact situation.
We are not going to probate for this small estate
My father wanted me to sell his house for $50,000 and is to be split between my 2 sisters and myself,per his will we hired a title company to do the deed work and they found that the deed is in my fathers and my step moms name ,she died in 1990 and
she did not leave a will giving my father her half of her community property (there home)
she had 2 children from a different marraige (who hated my dad)
but anyway the title co. said because of a new texas law in 1991
my step moms 2 children are entitled to be hiers .
our question is does her dying in 1990 exclude her children from being hiers. again its a small estate
we were told to fill out a hiership aff
on my father and my step mom.
we just need to know the real law before we involve my alcoholic and drug addict step siblings. again we are not taking this to probate court.
1 Answer from Attorneys
Re: Are children of a deceased spouse hiers
The title company is right. The step-kids get their share and the date of her death does not void the entitlement. The title company will see that the estate is distributed properly.
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