Legal Question in Real Estate Law in Texas

Re: No will estranged children

The children will have an interest in both personal and real property if no will is left. For real property, the wife will have the right to occupy the property but the kids will have an ownership interest in it so when property sold or wife dies, then kids will be able to liquidate the real property. For personal property, kids can force liquidation now. Need to retain an attorney to file an application for appointment of administrator in county where Dad died. Call if live in North Texas.

John Pfister

972-712-9208

Re: No will estranged children

His children are entitled to 2/3rds of his separate personal property and all of his separate real property (generally, whatever he owned prior to his second marriage), and 1/2 of the community property (i.e., things acquired during his second marriage). However, if land is involved, the surviving spouse may have a life estate in the land until her death, which means the children will have to wait until then to get the last 1/3. It can get complicated, because some land can be split up and other can't, and because dad could have owned it as a joint tenant, giving the survivor full ownership. If you're in the Austin area, give me a call.