Legal Question in Wills and Trusts in Texas
wills
When a child dies before the parent does the part of the child goes back to the parent?
2 Answers from Attorneys
Re: wills
It all depends upon how the will is written, whether there are other children, and what the distribution should be.
Re: wills
I assume you are talking about if a child dies without a will. Assuming that child is not married, the child's property would first go to his or her children or other descendants. If no descendants, then to the child's parents. If no parents, then to brothers and sisters in equal shares. And the list goes on in the Probate Code.
If a person dies without a will and is married, it can get complicated, but you can be sure that the surviving spouse will have some rights in some of the child's property.
If the child has a will, then disregard this whole answer and see Mr. Bradie's answer.