Legal Question in Wills and Trusts in Texas
Heirship Determination
My friend's father recently died. His will cannot be
found. He married 8 years ago and his wife feels
everything he owned now belongs to her. Are my friend
and his sister considered heirs still and are they
entitled to a portion of his est
2 Answers from Attorneys
Re: Heirship Determination
Yes, they most certainly are entitled to one half of his community property and all of his separate property. However, his interest in those properties may not be worth the cost and hassle of pursuing the matter. An evaluation of what assets are available, and how they were owned, is needed first. If your friend is in the Austin area, have him or her contact me.
Re: Heirship Determination
They are entitled to 2/3 of all of his separate property and half of the community property. However, bear in mind that the wife has a 1/3life estate in homestead if it was the husband's separate property.
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