Q: My Grandfather passed away in 2018 - His assets were split 3 ways between my Mom, Uncle and Aunt. My Mom was in the
process of setting up a will and living trust and then passed away (None of her Assets were put in the trust in time). My father is still with us but nothing was in his name. We are still trying to locate all the assets. My Father has an estate attorney involved and has filed for probate. But wouldn't her money be considered separate property in regards to my Grandfathers estate and be passed to me and my brother once she passed away.
A: In Texas inherited property is always separate property. It passes to the spouse if all children of the deceased are also children of the surviving spouse. The children only have a share if there are children of the deceased who are not children of the surviving spouse.
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