Q: If a home and property are purchased after a couple is married and the husband passes away does the son of the husband
Have any rights to money from selling the home and property if the son disowned the family and even went so far as to change his last name and had nothing to do with the family in the state of Texas
A:
If the son is not the child of both the husband and wife, and the husband has died without a Will, the husband's one-half interest in the community property home passes to the son and any other surviving children or descendants of the husband per stirpes. Texas Estate Code sec. 201.003(c).
Only if all of the surviving children and descendants of the husband are also children and descendants of wife, then husband's one-half interest in the community property home passes to the surviving wife.
The son, of course, can disclaim any interest in the home if he so chooses.
Penny Wymyczak-White agrees with this answer
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