Legal Question in Wills and Trusts in Texas

my grandmother passed away, she had 3 children my father passed away in 1980 he had 2 children. Are my brother and I entitled to 1/3 of the bank account, ira, car and house? my aunt is pushing me to sign some paperwork to remove me from the suituation. I am not sure what to do? This is in Texas


Asked on 11/06/12, 9:42 pm

1 Answer from Attorneys
David Leon David L. Leon, P.C.

Assuming no wills for Grandmother and Father, then Texas intestacy law would control. This means that when Grandma died, her estate would go to her spouse (if any) and her children. Assuming no spouse, the children would each get 1/3. Because your father died, his share of Grandma's estate would go to his kids (presumably the two of you.)

This would mean that Grandma's two living children get 1/3 each, and you and your brother get 1/6 each.

If an account has a beneficiary designation, then the designation would control. (For example, if the IRA designated Joe Blow to get the IRA upon death, then Joe would take all, and the kids would get nothing.)

I don't know what your aunt is asking you to sign, so I really can't comment on it.

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Answered on 11/07/12, 5:27 am


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