Legal Question in Wills and Trusts in Texas
heirship
My grandfather just recently passed away without a will. His wife passed away in 1987. Both of their names are on the Deed for their house and 20 acres in Medina County. (wife died w/o will also.) He had 2 children from previous marriage and she had 2 children from previous marriage. No children together. Will each 4 children receive equal amounts of interest in the property, or since she died in 1987, did her share in the property automatically go to him since he was her husband. Thank you very much.
2 Answers from Attorneys
Re: heirship
Because his wife passed away before the intestency laws were changed, her children are entitled to a portion of the property. It will be calculated on the old formula. As long as there are no disputes it should be not difficult to clear title and sell the property.
Re: heirship
You will have to check the probate code linked at my page http://www.reasonable-doubt.com
It would seem the property is community property when purchased, but you might wish to look more closely at that as well...
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