Legal Question in Wills and Trusts in Texas

my parents do not have a will of any kind, what happens to estate if one passes away. They have three children together and there are no other children. They have been married 50 years. I thought the spouse received half and the children equally share the other half, I have been told this has changed.


Asked on 8/26/09, 12:14 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

The answer to your question depends on whether the property of the deceased spouse is community property or separate property as the rules for intestate transfer or different. You are correct, The law has changed from what you described. Where all of the children of the deceased spouse are also children of the surviving spouse, the surviving spouse inherits all of the deceased spouse's community property as well as her half.

Beyond that, it gets more complicated. Your parents should hire a lawyer to help them with a will if this is not the result they wanted. Also it will cost more money to administer an estate where there is no will, than to administer an estate where there is a well.

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Answered on 8/26/09, 12:23 pm


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