Legal Question in Wills and Trusts in Texas
Texas Inheritence Laws
Hi,
We are in NJ, my mom passed away (intestate) also of NJ. She was receiving about $4000.00 a year in royalties from a few companies located in Texas. Checks ranged from 15.00 to 185.00 on average. Which state laws take precedent in the case of her 3 sons as far as inhertience applies. NJ would assign 1/3 to each, Does anyone know what Texas inheritence laws are? Again the royalties are paid from Texas but owner is in NJ. Thanks for any assistance.
2 Answers from Attorneys
Re: Texas Inheritence Laws
In Texas, assuming that mom had no surviving spouse, children (or their descendents, if deceased) would take equally. Royalties would be inherited according to NJ law. The oil companies may accept an affidavit of heirship to make the transfer and they may provide the form. My condolences on the loss of your mother.
Re: Texas Inheritence Laws
Assuming your mother was a widow, NJ law provides that all children share equally in this situation. One of the children must apply to the Surrogate of the County where your mother lived to be appointed as Administrator of the Estate.
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