Legal Question in Wills and Trusts in Texas
Death without a will
My sister in law died recently without a will, I am doing a heirship affidavit because there are royalty checks involved that are on hold. My wife a sister of the deceased died in 1997 without a will and Texas law took affect leaving me and my three children with a percentage. This is all the same lease left by my mother in law when she died. My question is do I or my children benefit from my sister in laws royalty? Since her part goes to the surviving siblings.
1 Answer from Attorneys
Re: Death without a will
When preparing an heirship affidavit for a person, you figure out who are the legal heirs of that person at the time of her death. The identity of that person's heirs does not depend on anyone else's Will, but rather simply the family structure.
In your case, it appears that you're saying your sister in law died without leaving any children or parents or husband. If this is so, then her heirs are her siblings, and if any sibling has predeceased (like your wife), then that deceased sibling's interest passes to your mutual children. None would go to you.
If the sister in law left children or husband or parents, these people inherit all or part before any siblings or their descendants get any.
If you still need help, it appears that you and I are in the same city, so please feel free to contact me.
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