Legal Question in Wills and Trusts in Texas
Parent death without will
my parents have no will. if one dies before the other, can a sibling force the living parent to divide assets of the deceased parent among their children?
Asked on 8/27/03, 6:29 pm
2 Answers from Attorneys
Peter Bradie
Bradie, Bradie & Bradie
Re: Parent death without will
Only if the surviving parent is a step-parent. And then the only assets to be divided would be the non-exempt assets at best.
Answered on 8/27/03, 6:56 pm
Cheryl Rivera Smith
The Smith Law Firm
Re: Parent death without will
If all of the children belong to those parents, then no. If it is a step-family situation, the surviving spouse would have a life estate in the homestead and the remainder of the non-exempt estate would be distributed according to Texas law.
Answered on 8/27/03, 9:25 pm
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