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?


Asked on 2/27/08, 5:53 pm

2 Answers from Attorneys

James Grissom Law Office of James P. Grissom

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.

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Answered on 2/27/08, 6:57 pm
Keith Engelke Law Office of S. Keith Engelke

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.

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Answered on 2/28/08, 6:33 am


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