If someone dies without a Will who has the right to their property – their child or their wife?
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If someone dies without a Will who has the right to their property – their child or their wife?
All property is in the husband and wife’s name. The husband has 1 daughter. Is the daughter entitled to part of their property or does the wife keep the property?
Asked on August 23, 2011 Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Sorry to hear about the husband.
When the husband died without a Will, the rules of intestate succession determine inheritance. Intestate mean dying without a Will.
In your case, the surviving spouse inherits the husband's entire estate; the wife keeps the property. If there had NOT been a surviving spouse, the entire estate would have been inherited by the daughter.
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