What to do about a married woman died in a community property state but had children from a previous marriage?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do about a married woman died in a community property state but had children from a previous marriage?

Her half of the ownership of the property goes to her surviving children. Supposed she had 2 sons. If her older son is deceased, then would her half then go to the next son?

Asked on July 30, 2013 under Estate Planning, Texas

Answers:

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

Answered 10 years ago | Contributor

If the married woman died without a Will the rules of intestate succession determine inheritance.  Intestate means dying without a Will.

Under intestate succession, her entire estate would go to the surviving spouse.  If there isn't any surviving spouse, the estate would be divided equally among all of her surviving children.  If a child has predeceased her but left children (the woman's grandchildren), those grandchildren would receive their deceased parent's share of the estate.  If the deceased child did not have surviving children, then the entire estate would be divided equally among the woman's surviving children.

If there is a Will, her half of the community property and all of her separate property would go to her designated heirs. 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption