Who is the heir to my parents’ estate?
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Who is the heir to my parents’ estate?
My father passed away about 10 years ago and my mother passed away 3 weeks
ago. They did not have a Will. I have an older brother and sister with whom we share the same mother but not the same father. My mother and father were married for over 40 years. I am my father’s only child.
Asked on February 25, 2017 under Estate Planning, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If your father had a will, the estate passed as directed by the will. If there was no will, however, then in your state, when your father passed away, your mother inherited all their "community property" (everything your father earned or accumulated during their 40 years of marriage), plus 1/3 of anything he'd had outside of (e.g. before) marriage, while you received the other 2/3 of his "separate" (outside of marriage) property. Since your siblings were not your father's children, they would not get anything.
Then when your mother passed away, her children (you and your siblings) will equally share in all her estate (everything she has left, after paying debts).
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