Q: Father passed in January, 2018, mother passed in 1997. Dad remarried 1998.
The deed to their property was in both parents name. Mother had no Will. By law is mother’s 1/2 interest in the property heiress to her children? Father had a Will leaving his half to his 2nd wife. 2nd wife probated will in June. She sold the house. How do we get our 1/2 that was mother’s 1/2? The will states 5/6 to his 2nd wife and 1/6 to his 3 children and 2nd wife’s adult child. There is myself, my brother and my sister and then 2nd wife’s adult daughter. What about my mother’s 1/2 interest?
A: No. When you mother died, if she had no children which were not your father's, her 50% community property interest passed to him under the Texas laws of descent and distribution. Nothing passed to you. The situation would be different if you were children of your mother's previous marriage.
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