Legal Question in Wills and Trusts in Texas
Large estate w/ no will, heirship?
Grandfather(GF) is dying w/ a large estate & no will.He leaves no spouse and has only 1 living child, who is acting as POA.Another child is deceased & left 4 children.GF has apparently stated that he does not want the 4 grandchildren to ''get anymore out of him'', & assumes everything will go to his remaining child.With a large amount of real estate, other property, cold cash & no will, I see disaster looming.W/out a will, the estate would be divided in half between the living child, and the 4 children of his deceased heir, correct? Will it be necessary to liquidate all the assets & property in order to divide it?
2 Answers from Attorneys
Re: Large estate w/ no will, heirship?
You are correct on the intestate distribution. The estate may be divided in cash or in kind, depending upon the nature of the property.
If he doesn't want his grandchildren to take half, then he certainly needs a properly prepared will.
Re: Large estate w/ no will, heirship?
You've been doing your homework! You're right on the intestate distributions. In the long run, it is much less expensive for your grandfather to pay for an attorney to prepare a will and after death handle an Independent Administration of the estate...and his wishes will be carried out. An heirship proceeding (without a will) is more involved and requires an additional appointment of an Ad Litem attorney for unknown heirs.
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