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:
If your father died in Texas without a will, the distribution of property depends on whether it was community or separate property and the date of his death.
For community property: If he died after September 1, 1993, his share goes to his spouse, provided the children are from both parents. If he died before that date, his share goes to the children if they are from both parents. If the mother is not the mother of his children, his share goes to his children regardless of the date of death.
For separate property: The surviving spouse receives one-third of the personal property and two-thirds goes to the children. For real property, the spouse gets a life estate in one-third, and two-thirds goes to the children. When the spouse dies, the property fully transfers to the children, terminating the life estate.
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.