Legal Question in Wills and Trusts in Texas

Left Behind no will

My stepdad passed away leaving behind his adult son, wife of 25+yrs and her two adult sons. We are trying to determine how ownership of a paid for house is distributed in Texas with no will. I found that Texas intestate law states 1/3 goes to wife and the remaining 2/3 goes to children. Does this apply to step children??? Thanks in advance.


Asked on 6/18/08, 2:37 pm

1 Answer from Attorneys

Nicholas Dupre Stone and Associates, LLP

Re: Left Behind no will

Unless your stepfather legally adopted you, you are not entitled to inherit via your step father according to the laws of intestacy in Texas.

Also, the 1/3 rule that you refer to is only applicable in the case of separate real property and the wife will have a 1/3 life estate (as opposed to an outright 1/3 interest) and the remainder will go to the children. This only becomes relevant really upon passage of title, but it should be kept in mind. If the house is community property then distribution is different though unfortunately and again unless legally adopted, step children generally will not inherit via a step parent without a will or some other testamentary device. Hope that helps, let me know if you need further clarification.

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Answered on 6/18/08, 5:28 pm


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