Legal Question in Wills and Trusts in Texas

Heirship Determination

My friend's father recently died. His will cannot be

found. He married 8 years ago and his wife feels

everything he owned now belongs to her. Are my friend

and his sister considered heirs still and are they

entitled to a portion of his est


Asked on 10/03/01, 10:56 pm

2 Answers from Attorneys

Paul Velte IV Paul C. Velte IV, Attorney at Law

Re: Heirship Determination

Yes, they most certainly are entitled to one half of his community property and all of his separate property. However, his interest in those properties may not be worth the cost and hassle of pursuing the matter. An evaluation of what assets are available, and how they were owned, is needed first. If your friend is in the Austin area, have him or her contact me.

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Answered on 11/21/01, 4:36 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Heirship Determination

They are entitled to 2/3 of all of his separate property and half of the community property. However, bear in mind that the wife has a 1/3life estate in homestead if it was the husband's separate property.

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Answered on 11/26/01, 12:53 pm


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