Legal Question in Wills and Trusts in Texas
Stepfather died with no will
My step father died 2 yrs ago leaving behind no will, a paid for house, 1 wife with her 2 children and his biological son. Are the stepsons included in texas law stating that 1/3 goes to wife, and 2/3 divided by children?
1 Answer from Attorneys
Re: Stepfather died with no will
With the limited information you gave, it looks like step-mom gets her 1/2 of the community property, then his is divided among the children since there are kids outside the marriage. Obviously, it could change if there are more facts. However she gets a life estate in the house if it is a homestead. You should open up an heirship proceeding to have title clarified. The attorney's fees for such a proceeding are very reasonable - assuming there is no one contesting the facts.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
