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Ask Maverick Your Own Question
Maverick, Attorney
Category: Estate Law
Satisfied Customers: 6392
Experience:  20 yrs of professional experience.
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Customer Question

Submitted: 9 months ago.
Category: Estate Law
Expert:  Maverick replied 9 months ago.

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 9 months ago.

*What State are you located in and asking about?

*Can you please give us more background information so we can better assist you?

*Can you please state your specific legal question so we know what type of answer you are looking for?

*What have you tried on this front so far?

Customer: replied 9 months ago.
I live in Texas. My husband and I have real estate. We have 5 children. He died without a will. Do I need an executor to handle the estate.The real estate is mostly rental property. Can the children claim any of the income from the rental estate?
Customer: replied 9 months ago.
get a reply
Expert:  Maverick replied 9 months ago.

Be with you in a moment...

Expert:  Maverick replied 9 months ago.

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.

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