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

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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 8 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. 


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