Lancaster, TX asked in Estate Planning and Real Estate Law for Texas

Q: How does a joint estate get split up?

my grandfather passed in 2000, my grandmother passed in 2017. They purchased a joint home. They only have one child together but each of my grandparents had children from previous marriages. My grandfather has no will. My grandmother has a will that can still be probated. Is it 2 separate estates or dors the home go to the only child of that joint union?

1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: Each of your grandparents had a 50% community property interest in the home. When your grandfather died, your grandmother retained a life estate, which has now expired. Each of your grandfather's children inherits an equal fraction of his 50% community property interest. Your grandmother's 50% community property interest passes under her Will. Please hire a probate attorney who practices in the county in which your grandparents lived and died to help you settle their estates.

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