My dad died in 1999 and had no will, My mother gave everthing to 1 son, there are 6 sons.Could she do this, She died June 2012 what do we do now.
Country relating to Question: United States
State (if USA): Texas
ANSWER:When a husband dies "intestate," i.e,, dies without having a will, and is survived by his wife and children (with all of the children being the joint children of both husand and wife), the wife automatically inherits all of the decedent's property that might have otherwise been subject to disposition via a will. Thereafter, as the full legal owner of the decedent's property, the surviving spouse can dispose of the property in any way she wants, including leaving it all to the favorite son, to the exclusion of the other sons.Unfair, unreasonable, immoral, unethical, etc.? Perhaps. But perfectly legal.========================= NOTE: I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.Lawrence D. Gorin41103.7100017361
I did a little research before asking you, what does intestate leaving mean, i understand it as husband dies no will wife receives one third of estate and children receive balance, please help understand. Eddie
i have not yet received an answer intestate leaving
FURTHER ANSWER:Yes, you are correct in part.Texas is a community property state. So upon a person's death without a will (intestate death), being survived by a spouse, all of the decedent's property that is otherwise subject to probate must be classified as either "separate property" OR "community property." Further, property needs to classified as either REAL property (land) or PERSONAL property (everything else other than land).CLICK HERE for an easy-to-understand, self-explanatory chart illustrating how things work in Texas.Also, I am attaching a narrative summary of Texas Intestate Succession laws. --->.Attachment: 2012-07-13_201715_texas_-_intestate_succession.pdf.
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