How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7304
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
Type Your Estate Law Question Here...
Irwin Law is online now
A new question is answered every 9 seconds

Under the TX intestate probate law, can heirs pick up or

Customer Question

Under the TX intestate probate law, can heirs pick up or choose what they wanted to inherit?For example the children want only to inherit cash money in exchange to real estate they are supposed to inherit.They wanted the whole money in the stocks and bonds
and leave the real estates to their deceased parents spouse. The spouse won't agree of what they wanted to happen. The surviving spouse wanted that the distribution of the property be done according to the law, on what the spouse is entitled to. Which is the
spouse, will get 1/3 of the separate real estate as long as the spouse is alive, that the spouse will also get 1/2 of the community real estate property and 1/2 of the community property in form of stocks and bonds . What the children wanted to happen is to
swap the real estate to stocks and bonds of what the spouse is supposed to inherit, which the spouse wont agree with. Do they have the right to pick up what they wanted and make demands under the TX intestate probate law? By the way the spouse will be assigned
as executor, will it be better for the executor to be independent or dependent? Dependent means the judge will decide and give the approval, and independent is the executor can independently decide. The point is here is to protect the interest of the spouse
according to the law. Do you think it is better for the executor to be dependent so every decision will be based according to the law decided by the court?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.

Good morning. Thanks for using JUST ANSWER. Every state including Texas has laws that govern intestate succession. The distribution must be done as the law directs and not as the heirs wish for it to be done. You have outlined the TX statute correctly. The probate Court will appoint the Administrator/Executor of the estate. The spouse is usually given priority, but it is not mandatory that the spouse be appointed. Whoever is appointed must follow the statute regarding distribution. I hope that this Answer is helpful and that you will assign a positive rating.

Expert:  Irwin Law replied 1 year ago.

HELLO AGAIN. I hope that my Answer has been helpful. If you need more information, please send me a Reply. If not, I hope that you will enter a positive rating for my Answer so that I can receive credit for assisting you. Thanks again for using JUST ANSWER.