Legal Question in Wills and Trusts in Texas
inheritance
If a person passes, leaving a will with assets going to step child, then the sibling of person passes, leaving a will with assets divided between person (deceased) and another sibling.. will proceeds be divided between1st persons heirs or will all go to living brother, and why is living brother doing a affidavit of heirship instead of probating will of second deceased?
Asked on 1/07/08, 8:55 pm
1 Answer from Attorneys
Re: inheritance
It depends on the contents of the will. In many cases, a gift to a predeceased person will lapse, and go to that person's heirs. In some cases, the gift will lapse and go to another person.
As for why someone would choose an heirship affidavit over probate, you need to ask the person (or the person's lawyer, if they give you permission.)
Answered on 1/07/08, 9:10 pm
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