Legal Question in Wills and Trusts in Texas
My Mother died in April 2011 without a will. My Father is living . 3 legal children remain. 2 of the 3 want their 'part' of inheritence now when my Father sells his home. Does my Father have rights to more than half of the estate?
1 Answer from Attorneys
Possibly. Texas laws of intestate succession come in to play.
The answer depends on a few things:
1. Who purchased the house and when?
2. Are all mom's children also dad's children?
The first issue deals with who owns the property. If dad bought it before the marriage, then it is his separate property. If mom bought it before the marriage, then it is her separate property (but dad would have a life estate. If they bought it after the marriage, then it is community property.
The second issue deals with the disposition of community property. If all of mom's children were children of the marriage, then dad would inherit all of mom's community property.
Finally, if dad and the kids get along, they can agree to split things up however they choose, using a document called a family settlement agreement.
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