How does a residuary estate work?

Q: Who is the executor of the estate of the surviving spouse?

The executor of the estate of a surviving spouse is typically the person named in their will. If there is no will, Texas law allows the surviving spouse to be appointed as the administrator of the estate. If disputes arise, the court may appoint someone else to serve as executor.

Q: Who is the executor of a will with the surviving spouse?

In a will that includes a surviving spouse, the executor is usually the person named in the will by the deceased. This could be the surviving spouse themselves or another individual. The executor is responsible for managing the estate according to the will's instructions and Texas probate laws.

Q: Who is first in line for inheritance?

In Texas, the first in line for inheritance typically includes the surviving spouse and children. If there are no children, the spouse may inherit the entire estate. If there are children, the estate is divided between the spouse and the children according to Texas intestacy laws or the provisions of the will.

Full question:

My husband is executor of his fathers will. There is a surviving spouse from a second marriage. My husband is to inherit along with grandchildren, his father's residuary estate when the spouse passes. How does that work? What can keep her from willing his estate to her children when she's gone? This is in the state of Texas. Where do I look up steps of probate for state of Texas?

Category: Wills and Estates
Date: 04/07/2025
State: Texas

Answer:

Please see the information at the following links:

http://definitions.uslegal.com/w/wills-residuary-estate/

http://lawdigest.uslegal.com/wills-and-estates/last-will-and-testament-law/5172/

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who is the best person to have as an executor of a will?

The best person to serve as an executor of a will is someone who is trustworthy, organized, and capable of managing financial matters. This person should also be familiar with the deceased's wishes and able to handle potential disputes among beneficiaries. In Texas, it is common for a spouse, adult child, or close relative to be appointed as executor, but anyone over 18 who is not a convicted felon can serve.

What happens when a spouse inherits?

When a spouse inherits, they typically receive the deceased spouse's property according to the terms of the will or state intestacy laws if there is no will. In Texas, a surviving spouse may inherit community property and a portion of separate property, depending on whether there are surviving children or other relatives. The specific distribution can vary based on the will's provisions.

What is a child entitled to when a parent dies with a will?

When a parent dies with a will, a child is entitled to inherit according to the terms specified in that will. In Texas, if the will includes provisions for the children, they will receive what is designated. If the will does not mention the children, Texas law may provide for them under intestacy laws, ensuring they receive a share of the estate.