Estate Law Questions? Ask an Estate Lawyer.
My great great grandfather died leaving 117 acres of land worth more than 1/2 of a million dollars but died intestate. My great great grandmother died intestate before he did. His second wife died intestate before him too. The land was purchased while he was married to his first wife, my great great grandmother. He already owned the property before he married his second wife. Now everyone from his children to his great grandchildren all died intestate. Now it has come down to us, all of his great great grandchildren but who gets what? This is in the state of Texas. Do the great great grand children from the second wife inherit anything at all?
Hello and thanks for submitting this question. Generally speaking, if your GG Grandfather owned the property before he married Wife 2, and she predeceased him, the property ownership has descended only to and through his heirs.
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.
Thank you but you did not really answer my question. The problem is that everyone is considering themselves heir to his property from both wives. I wanted to know if the descendants from his second marriage were entitled to anything since the property was community property of his marriage with my great great grandmother.
The property was not community property with Wife2 because he owned it prior to their marriage. One has to research what statute was in effect when Wife 1 died. If the land was community property at that time, then the children of Wife 1 are very likely to be the heirs to her half of the property. But it doesn't appear that the children of wife 2 would be heirs.
Here are the general rules:
1) If Decedent was married and had no children, Decedent's surviving spouse inherits all Community Property.2)If Decedent died On or Before September 1, 1993, married and had children, Decedent's surviving spouse retains his/her one-half of the Community Property and the Decedent's children inherit the Decedent's one-half of the Community Property.3) If Decedent died After September 1, 1993, married and had only children of that marriage, Decedent's surviving spouse retains his/her one-half of the Community
Property and inherits the Decedent's remaining one-half of the Community Property. 4) If Decedent died After September 1, 1993, married and had children other than, or in addition to, the children with the surviving spouse, the surviving spouse retains his/her one-half of the Community Property and the Decedent's children inherit the Decedent's one-half of the Community Property.5)If Decedent was survived by children but no surviving spouse, the Decedent's children inherit all of Decedent's Property (see this in Separate Property Distribution Basics).
You've got your work cut out for you trying to sort out all the current ownership interests. Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).