Legal Question in Wills and Trusts in Texas

am i entitled to my share of the estate

my grandmother passed away in 2002 and my aunt is the executor of the will. She is selling my grandmothers house , my grandmother has 4 children, one of them was my mother she is now deceased (1995). I was originally told that me and my sister would inherit my moms portion of the estate. now i am being told that in 1993 that changed and the spouse of the deceased will get the inheritance. Is that correct?


Asked on 3/30/05, 9:26 pm

2 Answers from Attorneys

Adrian Jonrowe Law Offices of Adrian Jonrowe

Re: am i entitled to my share of the estate

Much depends on how your grandmother's will is written - if she left her estate to her children per stirpes (a fancy latin term) then you and your sibling(s) should inherit your mother's share. If per capita then only your mother's sibilings get it all. Of course your grandmother may have left some things to her husband or other people as well. Was the house community property with her husband? The law that changed in 1993 was for people who died intestate (without a will) so if your grandmother's will is valid then it is most probably as I outlined above. If your grandmother died with a husband and the house was the marital estate then he has a right to a life estate in the house - but that does not mean he owns it - only the right to live in it for his lifetime. If you can get a copy of the will all copies of all the documents filed thus far in the probate file at the courthouse for me to review I can give you a much more definite opinion. I can give you a 1 hour consultation for $100.00. My phone number is 336-1683 - name is Adrian Jonrowe and I'm located in far north Austin. I am making the assumption all this is taking place in Texas.

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Answered on 3/30/05, 10:54 pm
Peter Bradie Bradie, Bradie & Bradie

Re: am i entitled to my share of the estate

The change in 1993 deals only with people dieing without a will (intestate). The distribution should be made according to the terms of the will. If your aunt is executor, you should be able to get a copy of the will because it would be entered into probate in the county where your grandmother lived.

Your aunt can't sell the property without letters of administration (letters testamentary) issued by the court giving her the authority.

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Answered on 3/31/05, 9:15 am


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