Legal Question in Wills and Trusts in Texas
No will
My father died leaving no will. He is survived by my mother and 4 children. The land that the home is situated on was in my father's name only. What happens to the land now. Can my mother have the land title put in her name and if so, what is the process?
2 Answers from Attorneys
Re: No will
This will depend on several factors. First, I need to know your father's date of death, as the laws changed in 1993. Second, I need to know if your father's children are all children of the marriage to your mother, or if some of his children are by different women. Third, I need to know if the property was acquired during the marriage, or if it was acquired prior to the marriage. Finally, I need to know if your father's estate has any debts.
Depending on your answers, the property may vest in either the surviving spouse, or it may vest in a combination of the surviving spouse and the children.
Re: No will
Please take a look at intestate distribution in Texas on our website, http://www.bradie-law.com. That will tell you how your father's estate will be split up. If all the children want to put the land in your mother's name, they'll each have to execute a gift deed.
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