Legal Question in Wills and Trusts in Texas

If there is no will and a spouse pasts away, can the children come in a take half of the estate?


Asked on 9/27/10, 7:10 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

If there is a surviving spouse and the children are children of the decedent and the surviving spouse, all community property goes to the surviving spouse.

With Separate property, surviving spouse gets a 1/3 life estate with remainder to kids, kids get the remaining 2/3

The only time when children take half an estate is in the distribution of communit property when there are surviving children and descendants who are not those of the surviving spouse.

You need to see an attorney to determine if this estate needs to be administered

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Answered on 10/03/10, 8:31 am


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