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Inheritance Questions?

Does a spouse inherit all the community property if the other spouse dies intestate (without a will?)

Posted on | April 2, 2010 | 87 Comments

It depends on when the person died. In Texas, Prior to 1993, if a spouse died intestate who had children, his estate went to his children, not to his spouse. Of course, his spouse would have a homestead right to remain in the home but the deceased spouse’s ownership interest in the home would be owned by the children.

In 1993, the law in Texas changed at least in those cases where the children are the children of both the husband and wife or where the deceased had no children.  Now, if the children of the deceased are also the children of the surviving spouse, or if the deceased had no children, the community property of the deceased goes to the surviving spouse. TPC 45. The separate property of the deceased spouse still goes to the children. If some of the children of the deceased are not also children of the surviving spouse, e.g. stepchildren, then the children inherit everything as they did prior to 1993.

Pearls of wisdom: Often in handling estates, the ownership of property comes into question. This is especially true if you are dealing with people who died some time ago. For instance, husband dies in 1965 without a will. Wife and kids continue living in the house. Everyone assumes that wife owns the house. However, she doesn’t own it because husband’s half of the house went to the kids and not to his wife when he died in 1965. Instead of looking at wife’s will to see who gets the property, you have to determine the heirship of husband to see who owns his half. Wife can only dispose of her half, not the whole.

Copyright by Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about inheritance laws, inheritance rights, have a family inheritance dispute, a property dispute or want information about contesting a will and need an inheritance lawyer, we can help. Please go to our main site www.theprobate.net and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case and there is no fee for the initial consultation.

Comments

87 Responses to “Does a spouse inherit all the community property if the other spouse dies intestate (without a will?)”

  1. Gena Fuscaldo
    July 15th, 2010 @ 7:41 pm

    My husband wont put my name on the 3 cars we have,nor his bank accounts? He tells me, that if he dies I would automatically get the cars, Is this true or am I being Bamboozeld ?

    My Sister tells me the opposite, she said that if he dies, if no will everything will go to the state of connecticut ?? If she is right, I really need to convince my husband to put my name on the title of the cars. ( am I stupid or what ?? )

    Thanking you in advance for your reply.

    Mrs Gena Fuscaldo.

  2. Robert Ray
    July 16th, 2010 @ 7:05 am

    Gena, we handle inheritance questions in Texas, or based on Texas law or involving people living in Texas. Your question relates to Connecticut. I would suggest that you contact an attorney there who handles estate planning. He can advise you.

  3. H. Winer
    August 27th, 2010 @ 9:21 am

    my husband’s father passed awayin El Paso texas in Dec, 1990. We thought his mother inherited everything- he had no will. She died two years ago in Texas and left a will with everything to a local non profi in texas. The attorneys for the organizations are willing to apy us a modest fee, and have asked my husband sign over the deed or rights to the property as well as getting affadavidts from two people stating that he is an only son. I just found our about the prior Code sec 45 stating that my husband should have inherited 1/2 of the property. Is that one half of the full estate (the organization has already taken all the liquid funds) and is now selling the home….so does this mean that my husband actually owns half of the house…or half of the full estate. These are Texas attorneys- should they have know this? How do we rectifiy this situation? thank you for your response. We live in massachusetts and are not familar with Texas law.

  4. Robert Ray
    August 29th, 2010 @ 8:56 am

    I have responded to you directly. Thanks for the comment.

  5. Vicki Hardy
    October 29th, 2010 @ 1:29 pm

    My question is my husband and I have a will but our property has changed since done and he has children from the first marriage. He did not include them in his will. We live in Texas.. what happens when the property has changed, will his original will be any good and if he does have a will can his children still have claim to any property?

  6. Robert Ray
    October 29th, 2010 @ 1:49 pm

    Vicky, thanks for your comment on the blog. We handle contested probate litigation matters. We don’t prepare wills nor do we handle the administration of estates. I suggest that you contact an attorney in your area who handles probate or estate planning. They can advise you.

    Good luck!

  7. me
    November 1st, 2010 @ 6:40 pm

    If my husbands father bought a house and fathers name was on the top of the deed and my husbands and his father passed away does the house go to my husband? Hes since had it refinanced so I am assuming its in his name. Also if my husband passes away does the house go to his children my step children or me?

  8. Robert Ray
    November 2nd, 2010 @ 6:17 am

    Bethany, I’m not sure I understand what you’re asking. Why don’t you go to the main site at http://www.theprobate.net and click on the “Contact Us” tab at the top right. You can tell me more about your question. Good luck!

  9. Helen
    December 28th, 2010 @ 4:53 pm

    My husband and I (both of us have children from previous marriage) have been married 23 years. In those 23 years we have purchased a house, cars, other properties that are in both our names and have numerous IRAs, savings accounts, etc. We are both retired professionals. In Texas, if something happened to my spouse, could my step-daughter or my two sons take my home, cars, and money if my husband does not have a will?

  10. Robert Ray
    December 29th, 2010 @ 8:56 am

    We handle contested probate litigation like will contest, problems with trustees or executors, etc. Your question relates to the preparation or administration of wills. We don’t handle those.
    You can go to our main site at http://www.TheProbate.Net and use the “Contact Us” tab to correspond with us directly. We will be happy to discuss this with you and try to get you going in the right direction.
    Good luck!

  11. mary lee broWN
    March 10th, 2011 @ 8:33 am

    My Mother and Stepfather, married once and had four children. They got devorced and my Mother married my Father. At 3-4 ys old, they got divorced and Mother re-married my same Stepfather, who raised from age 4, until I got married at 18. My biological Father spent his Life trying to steal me. My step Dad, claimed me on all dependent income taxes, etc. and never failed to tell, you are mine. He passed in 98. Mother sold house and moved in with oldest sister, made self gradian/adm. Mothe passed over almost 2yrs ago at age 98. oil well rights, properties in Louisiana involved. all things went to her and brother alive. Am I intitled to anything? Mom told me she and Daddy would never leave me out of their will. Dad said you are my babygirl. sibling abuse happened by brother that just passed this year as at 70yrs old. My stepfather had always said you are on our will, if we leave before you. In 1998, her daughter had her sell home, move in with her. The entire family on dad’s side just stop talking to me.His las bro. just passed and one sister in nursing home they had her a Bithday party, and this aunt loves me . I was her hairstylists for years and she mentioned their oil well and the rights they leased to in la. They let me know about party after over and claim they don’t remember name or add. of nursing. I smell a rat. Had not thought bout this before. This was the only father I know and Mother my only mother. I was blessed they both lived to be 92, and98. I am64, have my oen grandchildren they had a chance to love before the deaths. They loved them so, so much. I was rasied by BELIEVERS OF THE ALMIGHTY GOD, never knew need or want, closer to DAD, THAN mom, he loved that i owned and opened my own barber shop, his brothers(8) of them were barbers All deceade before him except one, gone 3m0s agoe, left his estate, substanial to long time common-law wife and caregiver. he was age (91)this yr. at his death. She will not answer any of my sisters’s calls. She has nothing to do with them, I was ok with her. Sister lies, sas she won’t answer her calls, but she doen’t have her phone numbe. all in the same sentence/lol.
    refer me South if this is not something. I am an insurance broker four last 10 years, some contiued ED. in estate planning. will pull the books back out now. Not something Mom or Dad would do . Iwas their go getter/obedient in Love and will always LOVE them, they taught me to love everyone. Not very sucessful in insurance, however, I was in barber/beauty/ in my community, mother of three, educated, no deciplinary issues , LOVED THEIR BIG MAMA AND DADDY SAM. Did not know until they were grown, This was a Step-grand father. HOW FAIR IS ALL OF THIS/ LEGAL.
    HOPE THIS GETS THROUGH, they deserve to be blessed as they were when my parents were here, and so do I. I gave them anything I could in this Life.

  12. mary lee broWN
    March 10th, 2011 @ 8:38 am

    DOES STEPDAUGHTER HAVE INHERITANCE RIGHTS WHEN STEP FATHER AND BITHMOTHER RAISED DAUGHTER, FROM AGE 4-18. STEPFATHER DENIED INVOLVEMENT WITH BIRTH FATER AND ALWAYS SAID ‘I DON’T NEED ANYTHING FROM HIM, YOU ARE MINE TOO.”
    ONE FULL BLOODED SISTER, ONE QUESTIONABLE BROTHER IN CA. PRODICAL .

  13. jr
    March 30th, 2011 @ 12:10 pm

    When I met my husband he already had a house in his and his brothers name (althogh his brother never lived in the house). If he dies can his brother take the house from me?

  14. Michelle
    March 30th, 2011 @ 10:11 pm

    I was married in 2003 and reside in the state of CA.I added my husbands name to the title of my house after I married him.If he dies with out a will,will I be given his half of this house or will his children,who are in their 30′s have any rights to his half or anything else of his?

  15. Maribel Gomez
    April 12th, 2011 @ 4:44 pm

    I need help…….. my father in law passed away 3 years ago. He was married prior to my mother in law( first wife passed decades ago). He has a one daughter. My mother in law and my father on law were married for more than 20+ yrs.
    What right does she have to the house if any also my husband is his step son which he raised since he was 8.

  16. Robert Ray
    April 14th, 2011 @ 9:26 am

    I’m sorry, we only handle cases in Texas. I am not familiar with other states laws.

  17. Robert Ray
    April 14th, 2011 @ 9:28 am

    You should go to our main site, http://www.TheProbate.Net if you have a question. Click on the “Contact Us” link.

  18. `Saddly :(
    April 26th, 2011 @ 7:18 pm

    My father passed away last year and was in his 90′s.
    He had three children (now Adults) from his first marriage long ago.
    My father later married my mother and had several children together and were happily married for over 60 years before his death last year.
    He has a “Will” but does a Will “expire” i really need to know?
    I would also like to know if my mother needs to change the property titles to her name she needs my assistance.
    Please, Any thing that helps would be greatly appreciated.
    Sincerly,
    Saddly:)

  19. Robert Ray
    April 27th, 2011 @ 7:00 am

    You should use the main site, http://www.TheProbate.Net to ask questions. You can post comments on the blog.

  20. Jessica
    May 31st, 2011 @ 11:01 am

    My dad passed away in april and my parents were still married but been separate for 14 years. Does she still have the same rights to his property if she had been living with him?

  21. Robert Ray
    May 31st, 2011 @ 1:00 pm

    You should go to our main site, http://www.TheProbate.Net, and use the contact us tab to ask questions. Thanks.

  22. Lori
    June 7th, 2011 @ 3:39 pm

    My sister and i inheritated 8 acres of land when my father passed away. Part of our cash inheritance we put a down payment on a double wide home. My sister is now married. Does her spouse have any claim to the property if they divorse?

  23. Robert Ray
    June 7th, 2011 @ 5:44 pm

    Please see our main site at http://www.TheProbate.Net to ask questions. This blog is for people to leave comments. Thanks.

  24. Robert Ray
    June 7th, 2011 @ 5:44 pm

    Please see our main site at http://www.TheProbate.Net to ask questions. This blog is for people to leave comments. Thanks.

  25. linda
    June 28th, 2011 @ 4:29 am

    if the son dies without leaving a will,, but has wife of 7 years with 2 kids .does his mother has the right to his estate,, his mother being living there for 24 years ..

  26. Ralph
    July 29th, 2011 @ 12:06 pm

    I bought my home as a single married man in 1998. My wife left for other reasons. In 2001,after the community property law changed giving home owners full protection. I called the Realtor and he agreed to file for community property with right of survivership with both myself and my wife included. When he showed up, the new law was not on the paper which stated the original community property without the new protection. He refused to change it insisting that there was no difference at all and that it was exactly the same. My wife returned for 6 months and promptly moved out of state to live with her grown children. I lived alone in the home for a total of 12 years while my wife was there a total of 2 1/2 years. Upon her death, her grown children declared my home to be part of her probate and are now in the process of forcing me to sell my home and provide them with half the proceeds. Is there a Good California lawyer in the Inland Empire who can save me from this rip off?

  27. joe
    July 31st, 2011 @ 1:38 am

    May be the wrong place for this. My wife has two children from a previous marriage, if she were to pass away before they turn 18 would I still be their step dad?

  28. Robert Ray
    August 11th, 2011 @ 7:01 am

    If you need to ask a question about a Texas contested inheritance issue, go to our main site. http://www.theProbate.Net, select the contact us tab and ask your question.

  29. Robert Ray
    August 11th, 2011 @ 7:04 am

    If you have a question about a Texas contested probate matter, you should go to our regular site, http://www.TheProbate.Net and use the contact form. This blog is for general information about issues that arise on a daily basis.

  30. Robert Ray
    August 13th, 2011 @ 6:16 pm

    Look at our main site, http://www.TheProbate.Net.

  31. Robert Ray
    August 13th, 2011 @ 6:17 pm

    Use the contact form at our main site for questions. http://www.TheProbate.Net.

  32. stacy lopez
    August 15th, 2011 @ 3:09 pm

    My father passed and didn’t have a will as far as we know. My step mother isn’t giving anything to his kids but to her kids. They’ve been married 3 or 4 years and he has a business as well as personal belongings. Does everything go to her and her kids or do his kids have rights too?

  33. Robert Ray
    August 15th, 2011 @ 3:23 pm

    You should ask your questions by using the ‘contact us’ tab on our main site, http://www.TheProbate.Net.

  34. jeri
    August 17th, 2011 @ 11:17 am

    I have been married in Michigan for 51 years, when he dies, can the children come in and take over or is it still my right. I have Power of Attorney but they are very selfish children and I do expect trouble. We have been separated since 1990.

  35. Robert Ray
    August 19th, 2011 @ 1:07 pm

    If you have a question, you should ask it by filing out the contact form at our main site, http://www.TheProbate.Net. This site is for general information about inheritance.

  36. hasani
    August 26th, 2011 @ 11:24 pm

    We bought a house in Calif. I am not on title. If my wife dies do I inherit the house.

  37. Robert Ray
    August 27th, 2011 @ 4:09 pm

    Please see our main site, http://www.TheProbate.Net.

  38. mary gettings
    September 2nd, 2011 @ 7:53 am

    my husband died and left the house to his kids and stated that I can live there till death. Is there anyway they can make me move?

  39. Robert Ray
    September 2nd, 2011 @ 9:19 am

    Questions should be asked using our contact form at our main site, http://www.TheProbate.Net. This blog is for comments. Thanks.

  40. Mendi
    September 13th, 2011 @ 10:38 am

    My dad died in 2004,in WV.He did not leave a will.He married 3 Days before he died,does his estate go to my 3 siblings and I or to his wife?

  41. Robert Ray
    September 13th, 2011 @ 12:36 pm

    We only handle Texas cases. To read an article on late marriages, click here.

  42. william armstrong
    September 20th, 2011 @ 6:45 am

    My father died 8-10-11, he had no will but he gave verbal instructions to his wife, my sister, and myself that the wife( of 5 years) could stay in his home until she either died or moved away. the house was then to be sold and the money split betyween his three kids. We found out yesteday that his wife put our house on the selling market . What can we do? we grew up in that house

  43. Robert Ray
    September 20th, 2011 @ 12:28 pm

    Visit our main site, http://www.TheProbate.Net, to ask questions.

  44. John Beasley
    September 29th, 2011 @ 5:28 pm

    My father is dying and has named me executor of his will, he told me this two years ago. His second wife, not my mother told me she cannot locate a will and that she inherits everything. I just want my dad’s wishes carried out. I’ve been told he has a day or two at the most. What can I do? My sister and I are the only children of my dad remaining.

  45. Robert Ray
    September 29th, 2011 @ 7:40 pm

    You should go to our main site, http://www.TheProbate.Net to ask questions. This blog is informational only.

  46. cgonzalez
    October 7th, 2011 @ 9:03 am

    My husband opened a joint bank account with his mom when he was a teenager. He has continued to use it as his main checking account. Only he puts in and takes money out. Now that we are married and have a son I was worried that if my husband were to die, would I (or our son) get the money in my husbands account or would my husband’s mother get the money since her name is also on the account.

  47. cgonzalez
    October 7th, 2011 @ 9:03 am

    forgot to mention, my husband does not have a will and we live in Texas

  48. Linda Davis
    October 10th, 2011 @ 8:44 pm

    Mother is 90 has a will. Naming 4 children to split all upon her death.. One married child died leaving wife and 3 children. Will his wife or children inheriate his part?

  49. Meagan
    October 11th, 2011 @ 1:27 am

    My question is; My sons father owes back-child support & present. his spouse (God Bless Her) just passed away week ago & they also have a child(3) together, he’s been running from paying for years. Texas Attornet General has sent out several notices. I’m not sure if his wife had a will or not && I also am not sure if either her parents will now have custody of their child now but im not sure what’s going to happen with our case now for child support. If he’s left anything; does he get to keep it or does Texas fight for any inheritance left by his spouse?or because they have a child ; is our case best to be dropped. He’s been hiding out & rarely has job. Last job he had I informed Texas & once he found out he quit his job & is working places (i don’t know where or with who) but he’ll try get paid under the table so he won’t have to pay.

  50. DANIELLE
    November 16th, 2011 @ 3:49 pm

    My dad passed away in 1999 and was separated from my step mother at the time, but not legally. They had another child together and he adopted her daughter from a previous marriage. He did not have a will. The house he owned at that time was passed down to him by his grandmother when she passed away, and this was before he married my step mother. When he died she stayed in the house until she re-married in 2004, and now she is renting it out. Do I, as his daughter, have any rights to this property?

  51. Robert Ray
    November 16th, 2011 @ 4:19 pm

    Please visit our main site, http://www.TheProbate.Net, for questions. Use the contact tab at the top.

  52. Robert Ray
    November 16th, 2011 @ 4:21 pm

    You need to see a family lawyer. Good luck!

  53. Robert Ray
    November 16th, 2011 @ 4:21 pm

    For questions, go to our main site, http://www.TheProbate.Net.

  54. Robert Ray
    November 16th, 2011 @ 4:23 pm

    We handle post death contested inheritance matters. You should see a lawyer who handles estate planning. The can advise you.

  55. Robin
    December 14th, 2011 @ 11:33 pm

    I have a question my father died and left a will. His wife dies 8 months later this is in Montana,and has a will. My father and his wife signed some paper in 2002 if either should die the other inherits the other spouses half. In 2010 my father redid his will and left the lasnd and house to my brother but an attorney is telling him that he can’t get the house or the land because of the signed agreement in 2002. Shouldn’t the will stand since it was revanped in 2010?

  56. Robert Ray
    December 19th, 2011 @ 8:11 am

    Please go to our main site, http://www.TheProbate.Net, for questions.

  57. Gamaliel
    March 21st, 2012 @ 4:30 pm

    How can a wife receive all community /marital property , while the husband was not served anything/ can she?

  58. Robert Ray
    March 23rd, 2012 @ 10:11 am

    Use our main site, http://www.TheProbate.Net, to ask questions. This blog is just for information.

  59. Simonne
    August 18th, 2012 @ 3:50 pm

    My brother recently passed away. His wife claims he did not leave a will. He left my mother as his sole benificiary on one of his life insurance policies through his employer. The wife had my mother sign the insurnace claim form stating she could not pay for the funeral although we have now discovered, his employer gave her money for his services. He aso had other life insurance policies and other savings accounts she will get. She is now contesting my mother receiving the remainder of the money from the policy after the funeral costs are deducted sighting Texas being a community property state. How do companies determine is she is able to take money my brother left for my mother?

  60. Robert Ray
    August 20th, 2012 @ 9:24 am

    If this involves a Texas case and you want to ask a question about inheritance litigation as opposed to the administration of an estate, you can visit our main site, http://www.TheProbate.Net, and use the contact form.
    This blog is only for current issues on inheritance.

  61. Michele
    September 12th, 2012 @ 7:20 am

    If my oldest brother dies before my mother, is my sister-in-law, his wife entited to any of my mother’s estate?

  62. Robert Ray
    September 12th, 2012 @ 9:21 am

    This blog is for general information. If you have a question, visit our main site at http://www.TheProbate.Net. If you can’t find the answer and your question involves a contested Texas inheritance matter, use the contact form to contact us.

  63. RUDY ELIZONDO
    September 26th, 2012 @ 3:23 pm

    My dad died in 1991 with no will.There were 9 children at that time.My brother died in 1992.Is his son entitled to my fathers ownership interest.

  64. Robert Ray
    September 26th, 2012 @ 4:04 pm

    This blog is for information only. If you have a question about litigation, please see our main site at http://www.TheProbate.Net.

  65. Teresa
    October 24th, 2012 @ 2:33 pm

    i got married on 5-20-2011 my husband he is a widow, my concern is that his decease wife did not live a will and she have a son on her first marriage now the son want his half of the property and some money that is in ower account, my husband inherit 40,000.00 thousand dollar from a place he work for years and his decease wife inherit the same amount this money was spend in life, if my husband died me been his widow do i have the right to stay on this property till i died, he did a will and left me every thing that belong to him to me.

  66. Robert Ray
    November 14th, 2012 @ 10:05 am

    This site is for general information. Visit our main site, http://www.TheProbate.Net, to ask questions.

  67. Donna
    December 27th, 2012 @ 7:03 pm

    My mother remarried 8 years ago after her new husband’s first wife died. My stepfather and she owned a home together and it was refinanced before she died. Does my stepfather’s children get 1/2 of the home that was in her mother’s name? My mother has been paying the insurance and taxes on the home since they married. They live in Texas. The original will has been lost or stolen by the stepchilren. Can my stepfather draw up a new will so that the stepchildren are taken out?

  68. Robert Ray
    December 27th, 2012 @ 8:12 pm

    This site is for current events in inheritance disputes. If you need to ask a question, go to our main site, http://www.TheProbate.Net and use the contact form.

  69. carolyn sue
    January 1st, 2013 @ 12:18 am

    my dead died Dec.1,2012 and his power of att.took his house and put it in her name then married him on Nov.8,2012 , three weeks before he died ,he wasing even walking are talking for the last 5 weeks,so she took ever thing and he had a will , so who has the right to his house and truck and ect.

  70. Robert Ray
    January 1st, 2013 @ 9:06 am

    Carolyn, you should use our main website, http://www.TheProbate.net to ask questions. Use the contact form to give me more information. This blog is for news items.
    You should look at this blog entry.

  71. Shawn Paige
    February 23rd, 2013 @ 4:14 pm

    my wife owned this house before we got married and she has children that are all over 18 if she dies before I do whose house is it her children or mine we been married for over 18 years “Texas”

  72. Robert Ray
    February 24th, 2013 @ 9:20 am

    You should look at our main site, http://www.TheProbate.Net, to find your answer. If you don’t find it, there is a contact form that you can use to ask questions.
    This blog is for short information articles on current events in inheritance disputes.

  73. Selwyn Cumberbatch
    March 15th, 2013 @ 8:28 am

    marriage took place in New York State. Husband died less than a year after marriage. No children. Does the whole estate of the deceased go to the spouse?

  74. D Dom
    May 30th, 2013 @ 4:53 pm

    My father died a year ago he had no will his wife sold everything except the house they were not married when he purchased the home but she rents the house out. She didn’t consent with any of the children and had a succession done without us present stating the house is community property but she never lived in the home. What can I do?

  75. Robert Ray
    May 30th, 2013 @ 5:09 pm

    This blog is for recent information about inheritance issues. If you have questions, you should visit our main site, http://www.TheProbate.Net. You can use the contact form.

  76. R.M Fisher
    July 5th, 2013 @ 9:27 pm

    My father died 4 years ago and left everthing to our mother. Both of their names were on the mortage. My mom wants to sell the home, she’s now living in a nursing home. However we’re being told that she can’t sell the home because every living child has to release their share of the home? The home in question is in Houston, Texas

    thank you

    R.M. Fisher

  77. Robert Ray
    July 6th, 2013 @ 7:37 am

    Thanks for contacting us. We handle contested probate litigation in Texas like will contest, removal of executors, etc. I believe that your question deals with the making of wills and trust or the administration of estates.
    We don’t handle those.
    If there is no litigation and you just need to know about the distribution of the estate, you should contact an attorney who handles estate planning.
    They can help you.

    Good luck!

  78. Mae Beth Bakker
    October 5th, 2013 @ 9:14 am

    my husband was previously married and she passed away in 2002 and she had three children and he was a stepfather and I are married and we have two adoptive children so what happens if he dies to the house. And her name is still on the deed

  79. Robert Ray
    October 7th, 2013 @ 10:55 am

    Mae Beth, this blog is for current information on inheritance disputes. If you have questions, you should visit our main site, http://www.TheProbate.Net, and use the contact us form.

  80. MIKE ROJO
    November 7th, 2013 @ 1:06 pm

    my dad pass away on April 22 2010 left no will and my mother wants to sell the house in el paso, texas and she wants to give money to my sister and my niece and my mom knowing she has me, my brother and my 3 sisters what right do i have to get my father half?????

  81. Robert Ray
    November 7th, 2013 @ 3:46 pm

    This blog is informational. You should look on our main site, http://www.TheProbate.Net, to get in depth information or to ask questions.

  82. LANCE
    December 2nd, 2013 @ 8:52 am

    May I suggest that you de-activate this section of your website? I read very interesting, even heart-wrenching questions and situations, but not one helpful reply. Since all of the answers direct us to contact you another way, why not just eliminate the ability to post in this area. This is not functioning as a “blog” and certainly must frustrate would-be clients.

  83. Robert Ray
    December 2nd, 2013 @ 9:54 am

    The replies tend to be about 90% spam and 10% questions. Since this blog is done as a public service instead of as a full time, money making blog, we don’t have the resources to delete the spam from all post everyday. If you’ll look, there are some replies that are posted to some of the entries. Thank you for you suggestion though. If you know how to prevent the spam, let us know.

  84. Mona
    December 13th, 2013 @ 12:24 am

    After 38 years of marriage husband dies after being given property from his mother. Property in husbands name only. They have one grown child whom they both despise because of her life style. Husband has no will. Who inherits in California?

  85. Robert Ray
    December 13th, 2013 @ 9:40 am

    We are a Texas firm handling cases throughout Texas. You should contact a California attorney to help you. Good luck!

  86. Marilyn Tobola
    March 16th, 2014 @ 5:01 pm

    I am in Texas. My mom died 8-28-13, she had a will and it was not probated until November or December 2013. Their are 4 heirs. My brother died 9-20-2013. He owned his own home. Did not have a will. He has 2 grown children and a wife. my moms land (80 acres) is to be divided equally and her homestead belongs to all 4 heirs. We are told that my brothers inheritance will go 2/3 to his children and 1/3 to wife (widows rights) is that correct or should it all go to his children where his wife has no claim since their homestead went to her?

  87. Robert Ray
    March 17th, 2014 @ 7:18 am

    Marilyn, you should contact the attorney who probated the will. He will be able to advise you. Good Luck!

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