Legal Question in Wills and Trusts in Texas
estate
My parents bought land together in 1960. they did'nt leave a will. after they
died we found out our parents put our names on the deed.
my sister that died has no will and she was married for 30 years.
I have 3 sisters and 1 brother.
my sister that is deceased,she had 2 children.
does her part of the land go to her kids or us?
2 Answers from Attorneys
Re: estate
Most likely, the land will go to her children, but the spouse my have a life estate or other interest. The answer depends on how the property was left to you and when your sister died.
Re: estate
It depends. If her husband is alive, and there are no children outside the marriage, then he takes. If there are children outside the marriage, then it gets more complicated. If there is no husband, then it is split among the children. However, there may be some legal clean-up needed if the old deed wasn't prepared properly.