Spring, TX asked in Real Estate Law and Probate for Texas

Q: Question is regarding wills.

Texas - Dad died no will and house only in his name. Mom dies and made will leaving 25% son, 25% daughter and 50% divided 3 grandchildren. Can son file for % heirship since dad had no will?

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1 Lawyer Answer
Isaac Shutt
Isaac Shutt
  • Probate Lawyer
  • Richardson, TX
  • Licensed in Texas

A: Yes, absolutely. If Dad had no will, then Dad's "heirs" inherit Dad's assets. Most surviving spouses just assume that they automatically inherit the deceased spouse's estate, but that's not actually correct.

Keep in mind, though, Mom will likely be the primary heir of Dad's assets IF Dad had no children outside the marriage.

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