Houston, TX asked in Estate Planning and Probate for Texas

Q: My mom n laws husband passed away, he did not leave a will, his son is saying he wants his half of property when she die

How is he entitled to anything if he did not leave a will and if he is how is it half when she has her own children, my wife and two brothers?

Related Topics:
1 Lawyer Answer
Tammy Lyn Wincott
Tammy Lyn Wincott
  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: In Texas when a spouse owning community real property passes away and there are children involved from another marriage/prior relationship, etc. the deceased person's share goes to their children; however, the living spouse has a life estate interest. In other words, even though the other spouse's child/children may own the 1/2 community property they cannot force the remaining spouse to sell it.

There are also liabilities that come with the "ownership" and who has to pay them can vary depending on type of liability.

I am not clear if the living spouse's children are also those of the deceased spouse or if any are minors.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.