Legal Question in Wills and Trusts in Texas
Legal heirs
My wife had 2 brothers. One of them died in Dec. of 2006 without a will. He was not married and had no children. Since the death of the first brother, the second brother has passed away recently. Since the first brother's property was never legally settled and divided up before the second brother died, does the second brother's wife have any legal right as an heir to the first brother's property ?
2 Answers from Attorneys
Re: Legal heirs
Yes. His legal share would pass to second brother's estate and second brother's estate would pass either by intestate succession or under the terms of his will.
Re: Legal heirs
Title to the first brother's estate passes when he died not when his estate was settled. So the wife of the second brother has a claim to her share of the second brother's share of the first brother's estate.
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