Legal Question in Wills and Trusts in Texas

If he doesn't have a will, and we're talking about intestate succession, it passes as personal property (as opposed to real property).

The next question is whether the recovery under the lawsuit is separate property or community. Recovery for personal injuries is separate property; if it's for loss of earnings, it's community property.

Separate property passes as follows: 1/3 to Mom, 2/3 to the children.

Community property passes as follows: 100% to Mom.

If some of the children are not Mom's children (that is, they are her stepchildren), it's different.