Legal Question in Wills and Trusts in Texas
My dad died in 2000. he had 2 sons by previous marriage and 3sons by current marriage. I have been told that not having a will that all real property would be divided 50% goes to surviving spouse and the rest would be 1) divided 10% to each of 5 living children, or 2) 25% to each of 2 children from first marriage and the three younger children will get one-third of what mother has when she passes. can you clear this up for me?
2 Answers from Attorneys
What happens depends on several facts that you did not give, most importantly of which is whether the real property is community property or separate. Even then, an analysis would have to be done as to whether there is any reimbursement or other charges against the estate. You will need an attorney to go over all of that.
Your formula is not correct. You should contact an attorney to go over specifics and to protect your inheritance.
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