Legal Question in Wills and Trusts in Texas

what does the live in and child get?

a person dies in texas, with no found will, his assets are quite large. has lived with a lady 5-6 years, she has a son, her son. if a will is found does it have to registered at a court house in texas?


Asked on 11/26/06, 1:29 pm

3 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: what does the live in and child get?

A will, if found, should be probated. If there are significant assets, one of the heirs should discuss opening an action in probate with a probate attorney that practices in or near the county where the decedent resided.

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Answered on 11/27/06, 3:14 pm
Cheryl Rivera Smith The Smith Law Firm

Re: what does the live in and child get?

The will must be probated in the county of residence of the decedent. If the assets are substantial and no will is found, then one of the heirs should hire an attorney to open an heirship proceeding to distribute the property according to state law.

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Answered on 11/26/06, 2:58 pm
James Grissom Law Office of James P. Grissom

Re: what does the live in and child get?

For instance, if there was a will that named the live-in and her son as beneficiaries, assets of the estate would not be distributed if the will was not probated. The assets of the estate would pass according to the laws of intestacy. Maybe you should consult with a lawyer in your area to discuss the details.

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Answered on 11/27/06, 8:28 pm


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