Full question:
My father died in 1993 and my parents owned land in both of their names. When my father died, who are the official heirs? he did not leave a will.
- Category: Wills and Estates
- Date:
- State: Texas
Answer:
This only applies to Texas.
It depends on whether the property was community property and when he died. If the property was community property and he died after September 1, 1993, his share goes to his spouse, if the children are children of both the Father and Mother. If he died before that date and the children were children of both Father and Mother, his share went to their children. If the Mother was not the Mother of his Children, then his share of the property went to his children regardless of date of death.
For property that is seperate property of the Father, the personal property is left 1/3 to the surviving spouse and 2/3 to the children. For real property, the surviving spouse receives a life estate in 1/3 of the property and 2/3 goes to his children. When the spouse dies, the property entire vests in the children and the life estate is terminated.
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.
