Legal Question in Wills and Trusts in Texas

Either could occur. It depends entirely upon what the Will itself says or does not say. If the Will is silent and fails to address the issue or provide an alternative beneficiary, then the more likely result is that one-half of the original decedent's estate will pass to the original decedent's heirs. In effect, one-half of the estate will likely pass as though the decedent had no Will.