Q: My Dad just died my brother died before he did can his children claim ownership of my Dad's property.
A: If your dad had a Will, his property will pass according to his Will. If he did not, his property will pass according to the Texas Laws of Descent and Distribution. What will pass to whom depends on what is community property (with the spouse) and what is separate property. Nieces and nephews do not inherit if there are living children (you.)
1 user found this answer helpful
A: Apologies! I thought that you wrote that your father's brother died, not that yours did. Yes, in Texas we have "per stirpes with capitation." Your brother's children would share what he would have inherited.
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