An executor will not work here since there was no Will. If the estate is worth more than $50,000 (not including the homestead and certain non-probate assets), it may be necessary for a court to determine who the heirs. In these situations, the judge will appoint an "attorney ad litem" to represent the interests of potential or "unknown" heirs. This is done under a Suit to Determine Heirship. Once the heirs are determined, then the decedent's property will be distributed under Texas intestate laws. Thus, the heirs will most likely need to hire a probate lawyer go to court to clear title to homes and other real estate, stocks, pensions, and bank accounts.
Generally, under TX intestate laws the
- you would inherit all of your husband's community property, plus 1/3 of his separate personal property and the right to use his real estate for life;
- children would inherit everything else.
(1) The information I provide is general in nature and for educational purposes only. For example, it may help you identify the scope of receiving unbundled legal services from a local lawyer. It should not be construed as “legal advice” or as the rendition of “legal services” on any subject matter. I am not a specialist in any field. This information may not reflect current legal developments for your specific jurisdiction and is not guaranteed to be correct or complete. No attorney-client relationship is established without a signed written agreement and our communications are not confidential. Please do not act or fail to act based on this information alone. If you need legal advice or services regarding a specific matter, you should consult in-person with a local lawyer who can guide you after reviewing all the pertinent details of your situation. This disclaimer also applies to any telephone communications we may have.
(2) Most follow-up questions are answered with in the hour; however, if I am not signed on, please allow up to 24 hours.
(3) When we are done, please assign a feedback rating