Legal Question in Wills and Trusts in Texas
Ownership
My partner who owns 50% of our
corporation just passed away
intestate. Does his half of our
Corporation go automatically to his
wife?
2 Answers from Attorneys
Re: Ownership
Actually, 1/2 of his 1/2 belonged to her as her share of the community property. It's a factor in the equation that we so often forget. But his 1/2 passes as personal property 1/3 to his wife and 2/3 to his children. Good Luck.
Re: Ownership
Normally 1/2 belongs to his wife if the interest in the corporation was community property which it normally is if the interest was acquired during the marriage. There are exceptions. The remaining 1/2 goes into his estate. If he had a will and the will was probated, then the interest that was not community property is transferred under the terms of the will. If there was no will then it is transferred under the law of intestacy. This would transfer the interest to his children if any were alive at the time of his death.