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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 4853
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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Texas Law: Barbara, Betty and Ray - siblings parents dead. Barbara

Customer Question

Texas Law: Barbara, Betty and Ray - siblings parents dead.
Barbara is still alive and married with 2 adult children.
Betty passed away 10 months ago with no relatives but owned a home.
Ray passed away 2 months ago with a home and $$ that we all assume went directly to our step mom - Frances (as it should - no arguements there!!) - 3 adult children

Question: If Betty had no will, where would the inheiritence of her house go?
If my fathers will passes his property to Frances would any claim to Betty's home come directly to the 3 adult children?

If we want Betty's home to go to our cousins because they took care of her completely, who should have to sign affidavits that we wanted no claim to Betty's home. Would the 3 adult children or Frances?

Why would my cousins need an affidavit from the 3 of us that we wanted no claim but not my step mom, Frances?

What scenerio would require the affidavit from us and not Frances? Unless there IS a will that names us directly?

Besides Betty's home, she has nooooo moneys but there was some family property in Oklahoma that might be involved if it was not previously sold (again - no $$ value only sentimental value)

We don't care at all about my Aunt's home and wish for my cousins to have it but now I am just curious... something doesn't seem right...
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.

Hello, and thanks for posting this interesting question here. I am going to assume that both parents died prior to Betty and Ray. Frances married the father and still survives.

Under Texas laws of intestate (without a will) succession, Betty''s home passed to Barbara and Ray equally. When Ray died, his share passed to his three adult children .Note: your statement says three adult children but doesn't say if they are Rays' or Frances'. Francis is a step mother and regardless of your father's will, she doesn't inherit from you or your siblings. If the family wants Frances or her kids to have Betty's home, then you and whoever inherited from Ray can Quitclaim deed your interests to them.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 4853
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
Irwin Law and 7 other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.
Oh.... I think I jumped the gun....
Let me make sure. Ray was my father and he was married to Frances (our stepmom) when he died. Are you saying that "anything" (real property esp.) that he inherited from our family (his sister Bettys home in this case) would come directly to his three adult children regardless what his will said? And not his surviving wife?
Customer: replied 1 year ago.

Texas Law: Barbara, Betty and Ray - siblings, parents dead. Yes, many years back.
Barbara is still alive and married with 2 adult children.
Betty passed away 10 months ago with no relatives but owned a home.
Ray passed away 2 months ago with a home and $$ that we all assume went directly to our step mom - Frances (as it should - no arguements there!!) - 3 adult children are Rays children (Ray is my father)

Question: If Betty had no will, where would the inheiritence of her house go?
If my fathers (Ray - my father) will passes his property to Frances (his wife) would any claim to Betty's home come directly to RAYs 3 adult children (my brother, sister and me)?

If we want Betty's home to go to our cousins (Barbara's adult children) because they took care of her (our aunt Betty) completely, who should have to sign affidavits that we wanted no claim to Betty's home. Would RAYs 3 adult children or (his surviving wife - our step mom) Frances?

Okay - I tried to highlight the clarifications - gee - who knew this would be so hard to explain! HaHa!!

Expert:  Irwin Law replied 1 year ago.

Hello again. Thanks for the Excellent rating and the follow up information which changes my answer somewhat. When Betty passed away leaving no spouse or children, her home was inherited by her two siblings, Barbara and Ray. Since Ray then passed away and his will left everything to Frances, she and Barbara are now the owners. Both of them can deed the home to Barbara's children. Caution: Unless she makes a will, Frances' half will pass to her heirs, not to your family. Here is some general law on Texas inheritance law: http://www.beardenlawfirm.com/Texas%20Wills%20Outlined.pdf Again,thanks for using Just DANGEROUS URL REMOVED.

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