Legal Question in Wills and Trusts in Texas

Re: inheritance property

Assuming that the home was community property, the statute to which you refer is set forth below. The statute is rather easy to read, and should answer your question. If your mother and dad had the same set of children, the spouse inherits all of the property. If your mother is not the mother of all of his children, then the children inherit his one-half of community property.

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� 45. Community Estate

(a) On the intestate death of one of the spouses to a marriage, the community property estate of the deceased spouse passes to the surviving spouse if:

(1) no child or other descendant of the deceased spouse survives the deceased spouse; or

(2) all surviving children and descendants of the deceased spouse are also children or descendants of the surviving spouse.

(b) On the intestate death of one of the spouses to a marriage, if a child or other descendant of the deceased spouse survives the deceased spouse and the child or descendant is not a child or descendant of the surviving spouse, one-half of the community estate is retained by the surviving spouse and the other one-half passes to the children or descendants of the deceased spouse. The descendants shall inherit only such portion of said property to which they would be entitled under Section 43 of this code. In every case, the community estate passes charged with the debts against it.

Re: inheritance property

CORRECTION:

Assuming that the home was community property, the statute to which you refer is set forth below. The statute is rather easy to read, and should answer your question. If your mother and dad had the same set of children, the spouse inherits all of the property. If your mother is not the mother of all of his children, then the children inherit HER one-half of community property.