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David Kennett
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27689
Experience:  25 years practicing attorney
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My father in-law just died and had no will. He was married

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My father in-law just died and had no will. He was married and has two children ages 29 and 36, and a surviving spouse. He had a trust left to him by his mother when she died. No one is listed as a beneficiary. What will happen to his property and the trust? He lived in texas.
Dear JACUSTOMER - If the two children are children of the marriage then the spouse will receive all of the community property and 1/3 of the separate property such as the inheritance from the trust. I have no idea where anyone got the idea that the state would inherit anything as that only applies when there are no living heirs and the estate escheats to the state. If the children are not from the marriage then the surviving spouse would receive half of the community property. It is somewhat complicated so I can only answer in general as I would not be able to completely analyze the estate from here. There is nothing that I can find in the Texas probate code that would indicate that the state would get any part of the inheritance. If you have a specific code of reference where the financial adviser got this information I would be happy to do more research.
Customer: replied 3 years ago.
So are trusts considered separate property?
This one would be if it was an inheritance that was kept separate. If the trust had no beneficiary then it would be part of the estate and be divided as separate, not community property.
Customer: replied 3 years ago.
What would be required for it to be community property?
If the spouse's name was listed as a beneficiary or was included in the trust in some way. If the trust was simply to the deceased as an inheritance and had never been changed then it is my opinion that it would be considered as separate. I can only answer in general since I have no way to review all of the documents but I know of nothing that would give the state any right to inherit any of the property. How the entire estate is ultimately divided will depend on the make up of all the assets and what is considered community of separate property. All of this will have to be done through the probate court as an intestate estate.
Customer: replied 3 years ago.
Ok thank you for all the help you have answered all the information that I think I need.
No problem and thanks for using our service - Dave
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