Legal Question in Wills and Trusts in Texas
No will
My stepdad passed away leaving behind his adult son, wife of 25+yrs and her two adult sons. We are trying to determine how ownership of a paid for house is distributed in Texas with no will. I found that Texas intestate law states 1/3 goes to wife and the remaining 2/3 goes to children. Does this apply to step children??? Thanks in advance.
1 Answer from Attorneys
Re: No will
Assuming it is a homestead, wife gets to keep her 1/2 community interest plus gets a life estate in the house. All of his community and all of his separate property goes to his children outside of the marriage. The court presumes that her 1/2 of the community will ultimately go to her children. Other facts may come into play. I suggest you contact an attorney to do an heirship proceeding to protect everyone's interest and clarify distribution of the estate. It shouldn't cost much and I would guess most attorneys would charge under $2,000.
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