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Ray, Lawyer
Category: Legal
Satisfied Customers: 36330
Experience:  30 years in civil, probate, real estate, elder law
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Second opinion] - Father died in Texas with a will leaving

Customer Question

Second opinion] - Father died in Texas with a will leaving to 5 children - children elected not to file the will but rather to allow the estate to pass under the laws of descent and distribution. the will appointed 1 son as independent executor and since died, another son was appointed to serve if he was not willing or could not. Confused if the follow-up is not the executor and IF so, does this pass to all 5 children equally with the 1 child who died going to his children and wife that he never divorced but they were separated for years OR does she now inherit as well as his children who are all above 18.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Galveston County, Texas
JA: Has anything been filed or reported?
Customer: An Affidavit of family history with the will attached.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No - this is a small piece of property that someone wants to buy - we want to make sure who should sign the contract and how the monies should be allocated.
Submitted: 14 days ago.
Category: Legal
Expert:  Ray replied 14 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 14 days ago.

So can you give me more information was there any probate here , intestate probate if the will was not filed? Did the child predecease the father?How long has father been deceased?Thanks.

Expert:  Ray replied 14 days ago.

Based on what you present

Once the father deceased, the father's estate vested in the beneficiaries under laws of intestacy if will was not probated.. In this case the beneficiaries were entitled to their share even if they died before the father's estate was distributed. As a result, the deceased son's share would go to the deceased son's heirs under his will (if he had one) or the intestate succession laws (if he did not). The inheritance would be considered the deceased son's separate property, not community property, for purposes of the intestate succession laws if there was no will.

Please let me know if you have follow up, appreciate the chance to help today.

Expert:  Ray replied 14 days ago.

Thanks again.

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