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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 32327
Experience:  Estate Law Expert
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My father passed away without a will. Since then 3 of my

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My father passed away without a will. Since then 3 of my siblings have passed away and none of them had a will. The estate has never been divided but we are going forward on selling it. My question is does the spouse or children of my deceased siblings have a right to any money from the sale.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

Yes, the descendants of any of your siblings who were alive at the time of your father's death would inherit their parent's share under the "laws of intestate succession" in Texas (subject to the 120 hour rule below).

Whether you sibling passed away before the estate was divided or probated doesn't matter, so long as they were alive at the time that your father passed away and remained alive for 120 hours afterwards. Texas has a 120 hour rule to determine whether someone "survived" a decedent. If they died within 120 hours of the other person then they are considered not to have survived them. If they didn't pass away until more than 120 hours later then they are considered to have survived them.

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