McKinney, TX asked in Probate for Texas

Q: So my father has passed away and has land in his name only but also has the home on the land in his and his lates wifes.

There is no will. His late wife has 2 children and my dad had 2 how do we go about settling property percentages, are there percentage laws for this.

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

A: Since there's no will, the "heirs at law" inherit. The law calls it intestate succession.

In case you're curious, here's a link to the actual law:

If the wife died before your dad, then all of his assets go to his kids. The only note here is that the property acquired during the marriage would actually partially belong to the wife's heirs.

You'll definitely want to talk with a probate attorney to get this handled. The normal process is called "Determination of Heirship with request for Independent Administration." Our office handles tons of these cases in Collin County, and the Collin County Probate Court is often thought of as one of the best in the state!

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