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?

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1 Lawyer Answer

Tammy Lyn Wincott

Answered
  • 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.

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