Legal Question in Wills and Trusts in Texas

My in-laws had a will written in Pennsylvania about 4 years ago right before they moved to Texas. They have 3 children and when the will was written it stated that the estate would be divided equally among the 3 children. Just recently, one of their sons died and the lawyer in PA stated that if the will is not changed and they die, 1/3 of their estate would be awarded to their son's son because he is the next heir in line. The son who dies lived in Indiana and is survived by his wife. Is it really true that his son would receive this inheritance and not his wife? Texas is a community property state and my understanding is that if one of the spouses dies, the next in line would be the surviving spouse, not the surviving son in this case. We are in the process of having this will changed just to make it very clear. Also, is it not true that because this son died, his estate would be 'settled' and money from his parent's estate would no longer go to him?


Asked on 9/09/10, 11:58 am

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

we would be happy to work with changes needed...but the heirs of a deceased would be entitled to that person's rightds..and this may be the son...Wives are not "heirs" of the body..hence the difference..

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Answered on 9/14/10, 12:58 pm


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