Dallas, TX asked in Estate Planning, Family Law, Real Estate Law and Probate for Texas

Q: Is my deceased brother's wife entitled to his share in my deceased mother's estate?

My mother passed. There was no will. My two brothers have also passed. One brother was not married but had two children. The other brother was married with no children. Is my brothers wife entitled to one third of my moms estate? I am in Texas.

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

A: Nope, she is not. The brother's wife is not an heir of your mother. I think the correct heirs would be:

1) You (1/2)

2) Children of deceased brother (1/4 each)

Find a probate attorney in your area to help you. You'll probably be doing a "Determination of Heirship."

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