How will the deceased husband's assets be divided among the family?

Full question:

Husband died 1998 leaving wife, 3 children, 8 grand childreen (two are minors) Homestead and liquid cash more than $500,000.00. No probate but wife of deceased became identified as 'EXECUTRICT' of the estate of her deceased husband. Execcuted land deeds.Question:How would assets be divided?

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

Answer:

The division of assets will depend on whether they are classified as transfer-on-death assets or joint assets with rights of survivorship. Generally, assets held in trust or with a named beneficiary pass outside probate. Jointly held real estate typically goes to the surviving tenant automatically, while assets held as tenants in common may pass to heirs.

In Texas, if a person dies without a valid will (intestate), the estate distribution follows the Texas Probate Code. This code distinguishes between separate and community property:

1. **No Surviving Descendants**: If the deceased has no surviving descendants, the surviving spouse inherits all community property.

2. **Surviving Children or Descendants**: If there are surviving children:

• **All Descendants are Shared**: If all descendants of the deceased are also descendants of the surviving spouse, the spouse inherits all community property.
• **Non-Spousal Descendants**: If any descendants are not also descendants of the surviving spouse, the community property is divided. The surviving spouse keeps half, while the deceased’s half goes to their descendants.

For separate property, the rules differ:

1. If there are surviving descendants, the spouse receives one-third of the separate personal property, with the remaining two-thirds going to the children. For real property, the spouse gets a life estate in one-third, and the rest goes to the children.
2. If there are no surviving descendants, the spouse inherits all separate personal property and half of the separate real property, with the other half going to the deceased’s parents or siblings.

In summary, the surviving spouse retains their half of community property and may inherit additional portions depending on the descendants' status.