Legal Question in Wills and Trusts in Texas

Re: Who is the primary heir?

I agree with Mr. Bradie's answer, with the following caveat: if there is extra language in the will, such as "to my wife, otherwise to my daughter if she survives me," instead of just "to my wife, otherwise to my daughter," the answer could change. In addition, if the surviving child of decedent and spouse was born after the will was signed, the answer may also change.

In order to give a definitive answer, rather that just a "probably" answer, an attorney would have to look at the will's wording carefully and know all the relevant dates, such as when the will was made and when the surviving child was born.

Re: Who is the primary heir?

The will is still valid. If the surviving child was named in the will, then everything goes to the surviving grandchild.

If the surviving child was not named in the will, then that child is entitled to one half of the estate under the laws of descent and distribution. The child is treated as if there was no will.