Legal Question in Wills and Trusts in Texas

Re: Probate,Wills,and Estates

If the adult children are also the children of the surviving spouse, then everything to the surviving spouse.

If the children are not the children of the surviving spouse, community property is split where the children take their parent's half. If the decedent has separate property, that's split 1/3 to the surviving spouse and 2/3 to the children. If the property is real estate, the surviving spouse's 1/3 is only a life estate with the remainder to the children; i.e. they get the 1/3 when the surviving spouse dies.

We also have that information on our website at www.bradie-law.com.