When I die, do my wife and children inherit my one seventh share of my mother’s house or does my portion revert to my siblings who inherited the rest?

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When I die, do my wife and children inherit my one seventh share of my mother’s house or does my portion revert to my siblings who inherited the rest?

I have inherited a 1/7th interest in my mother’s house.I understand this is my separate property in my marriage but want to know how that changes in the event of my death.

Asked on November 5, 2012 under Estate Planning, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you don't leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.  Under intestate succession, your surviving spouse inherits your  entire estate which would include your 1/7th interest in your mother's house.  If there isn't any surviving spouse, your estate will be divided equally among your surviving children.  If you are predeceased by a child, who had surviving children, those children (your grandchildren) would inherit your deceased child's share.

If you leave a Will, you can designate the beneficiary or beneficiaries who inherit the 1/7th interest in your mother's house.


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