Q: Do deceased brothers' children inherit part of estate with live cousins in TX?
I am looking for guidance on inheritance matters in Texas. There are three cousins who are next in line for an estate. Two brothers who were originally in line for the estate have passed away. One of the deceased brothers had a wife who has also passed away and has two surviving children. The other deceased brother has a surviving wife and one child. No will has been found for the estate. I would like to know if the children of the deceased brothers have a right to a portion of the inheritance, or if it goes solely to the surviving cousins.
A:
You should consult with a probate attorney who practices in the county where the decedent died. An intestate (without a will) probate can be opened in the County. The rightful heirs will be determined, and the administrator will distribute the proceeds.
If the two brothers have passed, then their descendants will be next. This would be any of the brother's children now living or their descendants. It basically goes in a straight line down before it would go to cousins, so if the brothers had any children, then their share would be split among their children, with 1/2 flowing down to each brother's children. The one with two children would split his 50% and get 25% each. The other brother's child would take his 50%. Spouses are not entitled, in this case, to any proceeds.
Most attorneys will meet with you for 30 minutes free to assess your case. Please contact a probate attorney and set up a consultation.
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