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Second opinion] Family estate; not probated: Parents- Father…

Customer Question
Second opinion] Family estate...

Second opinion] 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

Submitted: 10 months ago.Category: Estate Law
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Customer reply replied 10 months ago
At issue: Does eldest son share of family estate return to be shared with siblings ---he and wife had no children?
Answered in 46 minutes by:
8/29/2017
Estate Lawyer: Barrister, Attorney replied 10 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,541
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Does eldest son share of family estate return to be shared with siblings ---he and wife had no children?

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No, if the eldest son outlived both parents, he would stand to inherit from their estate. If he later died before the parent's estates were settled, his estate would inherit his share and that would go down to his heirs. If he had no children, but was married at the time of his death, his wife would inherit his share of his parent's estate.

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If the wife then died, that share would go to her estate and down to her heirs...either according to her will or under default state law.

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So it goes from parents to son to son's wife to wife's heirs..

.

.

thanks

Barrister

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Estate Lawyer: Barrister, Attorney replied 10 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Customer reply replied 10 months ago
Thank you Mr. Barrister. I appreciate your response on this matter. Further understanding of Texas Inheritance Law is that eldest son inheritance is community property classed as separate property --real estate property -- that being after parents being deceased and before his marriage to spouse. Thereby Texas Inheritance Law delegates 1/2 share inheritance to spouse and remainder 1/2 share inheritance to eldest son siblings descendents.
Estate Lawyer: Barrister, Attorney replied 10 months ago

If the eldest son inherited the property before he married, then that would be his separate property You didn't mention that he wasn't married yet when his parents passed in your original post..

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But if he was married when he died, and they had no children, and the parents and all siblings were deceased, then his wife (or her estate) inherits everything, whether separate or community property.

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See Texas Estate Code Sec. 201.002. SEPARATE ESTATE OF AN INTESTATE.

(a) If a person who dies intestate leaves a surviving spouse, the estate, other than a community estate, to which the person had title descends and passes as provided by this section.

(b) If the person has one or more children or a descendant of a child:

(1) the surviving spouse takes one-third of the personal estate;

(2) two-thirds of the personal estate descends to the person's child or children, and the descendants of a child or children; and

(3) the surviving spouse is entitled to a life estate in one-third of the person's land, with the remainder descending to the person's child or children and the descendants of a child or children.

(c) Except as provided by Subsection (d), if the person has no child and no descendant of a child:

(1) the surviving spouse is entitled to all of the personal estate;

(2) the surviving spouse is entitled to one-half of the person's land without a remainder to any person; and

(3) one-half of the person's land passes and is inherited according to the rules of descent and distribution.

(d) If the person described by Subsection (c) does not leave a surviving parent or one or more surviving siblings, or their descendants, the surviving spouse is entitled to the entire estate.

.

.

thanks

Barrister

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Customer reply replied 10 months ago
Thank you for replying again, Mr. Barrister.
Yes, the eldest son passed after the death of his parents and before he married. Thereby your reference to Texas Estate Code Sec. 201.002 Subsection (c) applies --- he does have surviving siblings and decendents and Subsection (d) does not apply.
Again, thank you for your assistance.
Estate Lawyer: Barrister, Attorney replied 10 months ago

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work. Bonuses are optional, but are highly appreciated.

.

.

Thanks much

Barrister

Ask Your Own Estate Law Question
Estate Lawyer: Barrister, Attorney replied 10 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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