Legal Question in Wills and Trusts in Texas
mother dead name in will / dose spouse inherit dead mother part
Mother ( a) Died in may 1994, Husband(b) in prison at that time and still is.
Mother(a) and Father (b) were married at the time of mother (a) death.
Mother's (a) Father (c) Past away in aug 2001 leaving his estate to his three childern. One of his three children dead (mother A) Dose her part of his estate go to Spouse (b) Siense they were stillmarried at the time of her death. Mother (a) and father (b) did have one child together .
Please let me know.
1 Answer from Attorneys
Re: mother dead name in will / dose spouse inherit dead mother part
If the grandfather's will named his three children to take per stirpes, or if there was no will and the estate passed under the rules of descent and distribution, then your mother's portion would go to your father. If the will named the children to take per capita, then your mother didn't receive anything.
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