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Interesting Developments In Inheritance Laws

My practice is limited to trials involving inheritance disputes including will contest, related property disputes and associated torts. To ask privately about a Texas litigation issue involving an inheritance dispute, click the big red button to go to our main site's contact page and ask a question privately.

Who inherits your property if you die intestate (without a will)?

Separate property

    1. 1. If there is no spouse – all to children.  If there are no children then to parents.
    2. 2. If there is a spouse –
      1. a. If no children – all personal property to spouse; one half of real property to spouse, balance to parents.  If no parents living and no brothers or sisters or their descendants living, all to spouse.
      2. b. if children – one third of personal property to spouse, balance to children.  Spouse has a one third life estate in real property, balance to children who also get spouse’s share once he/she dies.

Community property

    1. 1. If there are children –
      1. a. If all children of the deceased person are children of surviving spouse – all to spouse.
      2. b. If some children of the deceased person are not also children of surviving spouse – all of decedent’s one half of the community will go to children.
    2. 2. If there are no children or descendants of the deceased – all to surviving spouse.

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We handle litigation involving inheritance disputes. We don't prepare wills. We handle a select few cases on contingency. Don't use a comment to ask a personal question about an inheritance issue because your name and comment will be public. To ask a litigation question and to protect your privacy, click the red button to the right.


Posted in Inheritance, ProbateTagged

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