Legal Question in Wills and Trusts in Texas

My mother passed away and she was married. i'm the oldest heir am i entitled to any of her estate?


Asked on 8/23/11, 12:35 pm

1 Answer from Attorneys

Brian Thomas Burdette & Rice PLLC

In Texas, the answer depends largely on three things: (1) whether or not your mother had a Will, (2) whether or not the property of her estate is separate or community, and (3) whether or not you are also a child of her spouse.

If a Will exists, the answer to your question could be yes or no, depending on what that document says. If there is no Will, your mother's estate passes to her heirs, as defined by the Texas Probate Code. At that point, it becomes very important to know whether or not the property is separate or community, as well as whether or not her spouse is also your parent. The results could be very different.

For example, assuming that your mother's entire estate consists of community property and that you are also the child of her spouse, you aren't entitled to anything. If, on the other hand, her spouse is not your parent, you and all of your mother's children would share your mother's 1/2 of the community estate that she shared with her husband. Without more facts from you, it's impossible to tell you precisely what you would be entitled to.

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Answered on 8/23/11, 1:20 pm


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