Legal Question in Wills and Trusts in Texas
Excecutors
My stepmother past away recently. He did not leave a will. I don't understand community property. Also, If the remaing spouse is still alive, who has control?
My parents bought property as a couple and also helped each other pay off property that they both brought in from previous marriages. If my stepmother did not leave a will, does her son have the right to make himself executor of the estate while my father is still alive?
1 Answer from Attorneys
Re: Excecutors
Community property simply means that everything that comes into a marriage, unless by gift or inheritance, belongs to the community; i.e. husband and wife each own an undivided one half. Everything that was brought into the marriage, that was owned beforehand, or received by gift or inheritance, is separate property; i.e. one spouse owns it completely, and the other spouse has no ownership interest, save for perhaps a money interest if community funds were paid for the purchase.
Please take a look at our website, http://www.bradie-law.com, and see how property is distributed under Texas law when there's no will. The table covers the situation you're looking at both for real estate and personal property (stuff you can move around), for both separate and community property.
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