Legal Question in Wills and Trusts in Texas

Determining heirship in Texas - intestate

My question is: My uncle passed away and died intestate with no wife or children. The attorney handling his estate has determined that according to Texas probate section 38 the heirship is as follows: 1 surviving sibling 1/5 (had 5 siblings) the rest of the estate will go to the decendents unequally. My contention is that I should be equal in heirship with all of my cousins and the remaining 4/5ths of his estate should be divided equally amoung the 19 nieces and nephews. Just because my parents had 11 children should not mean that I don't have as much standing as my cousin who is an only child. Is this the way the statutes read or is it determined that each deceased sibling receives 1/5 and then each decendent receives their share (as though my parent were alive)? I would receive 1/55. It does not seem to be fairly divided. Am I correct in my assumption? Thank you for your response.


Asked on 10/02/08, 2:20 pm

1 Answer from Attorneys
Nicholas Dupre Stone and Associates, LLP

Re: Determining heirship in Texas - intestate

Sounds like a complicated situation, but your attorney may be correct. You and your siblings are going to divide your mom or dad's (not sure who was your uncle's sibling) 1/5. Thus, if another sibling of your uncle's has only one child then that child would get his parent's 1/5. It may not seem fair, but the idea is that each family is kind of separate. No doubt your cousins would use your same arguement to claim that just because your parents had eleven children, why should my portion be divided further. Either way, someone is going to be upset and I think the legislature decided that more people would be happier this way. Also, a per person (or per capita) distribution is often more complicated and results in even more bickering. I'm sure that's not what you wanted to hear. Good luck and let me know if you have any further questions.

Read more
Answered on 10/02/08, 4:24 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas