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Family estate; not probated: Parents- Father & Mother is…

Family estate; not probated...

Family estate; not probated: Parents- Father & Mother is dead; oldest son dies after parents; all siblings has died; some siblings has children; oldest son wife dies after him, they have no offsprings; wife has niece; does oldest son share of family estate goes to his deceased wife - her niece or does his share of family estate return to the family estate and siblings heirs?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: What documents or supporting evidence do you have?

Ancestry records; siblings birth records

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Answered in 2 minutes by:
8/29/2017
Jessica B
Category: Estate Law
Satisfied Customers: 1,640
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am an estate attorney. I hope I may be of assistance with your issue. Let's take this step by step. First, did the mother or father have a Will?

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Customer reply replied 10 months ago
no

Ok, thank you. So upon the father and mother dying, without a will, the estate would then be divided equally amongst the surviving children. Since all of the children out lived the parents, they would each inherit an equal part of the estate.

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Customer reply replied 10 months ago
Is more info required?

Since all of the children have since died, each child's estate would inherit their share of the parents estate.

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How many children did the parents have?

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Customer reply replied 10 months ago
parents had 8 children; 4 children did not have offsprings; the oldest son was one of the 4 with no children, his wife has a surving niece.

Ok, so the parents estate would be divided into 8 equal parts to each of the 8 children. Let's look at the oldest son. His estate would inherit 1/8 from his parents. Since he is survived by a wife, the 1/8 interest would go to his wife. Since the wife died, her estate would go to her descendants. Since she did not have any children, it would go to her parents. If her parents died before her, then it would go to her siblings.

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Customer reply replied 10 months ago
At issue ------oldest son wife is not parents offsprings, does not his share return to family estate to be shared by surveing siblings ?

The eldest's sons share does not return to the parents estate. His 1/8 share goes to his estate, and since he was survived by a wife, it goes to his wife. Since she has since died, the 1/8 share goes to her estate.

Jessica B
Category: Estate Law
Satisfied Customers: 1,640
Experience: Attorney at Donald B. Linsky & Associates, PA
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