Full question:
My mother and stepfather moved into my grandmother's house after she died. My mother has since died. My stepfather has now died. He left his posessions in the house to his daughter. Much of the contents of the house is my grandmother's and mother's. Does this mean that she will receive their's also?
- Category: Wills and Estates
- Date:
- State: Texas
Answer:
The answer depends on several factors, including whether your grandmother's and mother's estates were probated and if they had wills. If your grandmother's estate or your mother's estate passed to your stepfather upon their deaths, he would have owned those possessions and could dispose of them as he wished.
Whether your stepfather inherited from your grandmother or mother would depend on the existence of a will or, if there was none, the intestacy laws of your state. A person can only bequeath property they own. When someone dies, their assets are distributed through probate. If there is a valid will, an executor manages the distribution. Without a will, a court appoints an administrator to distribute the estate according to state intestacy laws.
In cases where the estate's value is below a certain threshold, it may qualify for a small estate administration process rather than formal probate. To transfer real property interests, the executor or administrator executes a deed. For example, if a joint tenant dies without a will, the administrator can execute a deed to transfer their interest to the remaining joint tenants or others entitled under intestacy laws.
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.
