Full question:
My stepfather passed away. He had six Kids [three are his, from another marriage, three are my moms from another marriage]I have read it two ways: My mother gets half of joint property, mother gets her half and half of half. Can you clarify?
- Category: Wills and Estates
- Date:
- State: Texas
Answer:
If your stepfather passed away intestate (without a will) in Texas, the distribution of his estate will follow Texas intestacy laws. Since he had children from a previous marriage and your mother has children from another marriage, the estate distribution can be complex.
According to Texas law, if a person dies intestate and has children, the surviving spouse (your mother) is entitled to one-third of the personal estate. The remaining two-thirds will go to the children of the deceased (your stepfather's children). For real property, the surviving spouse receives a life estate in one-third of the land, with the remainder going to the children.
In this case, your mother would receive one-third of the personal property and a life estate in one-third of the real property. The rest would be divided among the stepfather's children. Your mother does not receive half of half; rather, she gets her share as outlined above.
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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.