Legal Question in Wills and Trusts in Texas

Stepfather died, no will

My stepfather passed away leaving behind a paid for house, one biological 18+ son, a wife of 20+ yrs and her 2 18+ sons. All I found on Texas law regarding the real estate portion is that the wife gets 1/3 and the surviving children split 2/3. My question is are the step children included in this law? I am only concerned with the house as all community property has already been resolved.


Asked on 6/17/08, 10:30 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Stepfather died, no will

It depends on the facts, but the quick answer is: If the house is a homestead, she gets a life estate no matter whether it is community or separate property. If the house is his separate property, then his kids get the remainder after the life estate no longer exists.

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Answered on 6/19/08, 9:01 am


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