What to do if my mother passed away over 4 years ago without a Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my mother passed away over 4 years ago without a Will?
She had children from a previous marriage. She owned a house in a community property state where she lived with her husband when she passed. She purchased a house in am equitable distribution state prior to marrying her last husband. What are the inheritance laws regarding how her estate is to be passed down? Also, if our stepfather were to attempt to circumvent state inheritance laws, how would we prevent him from accomplishing that?
Asked on June 25, 2013 under Estate Planning, Texas
Answers:
Anne Brady / Law Office of Anne Brady
Answered 11 years ago | Contributor
The question is what is the intestacy law of the state where she was living when she died. You do not say where she was living when she died, only that it was a community property state. Here in Arizona, which is a community property state, if a married person dies leaving a spouse and children who are not the children of the surviving spouse, the surviving spouse receives one half of the deceased person's separate property and the surviving spouse's 1/2 of the community property, so 1/2 of everything. The deceased's children would inherit the other 1/2 of everything in equal portions.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.