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Richard, Attorney
Category: Legal
Satisfied Customers: 55453
Experience:  Attorney with 29 years of experience.
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Father died in Texas with a will leaving to 5 children -

Customer Question

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: 10 months ago.
Category: Legal
Expert:  Richard replied 10 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 10 months ago.

Did the son die before or after the father? Thanks.

Customer: replied 10 months ago.
After Father passed
Customer: replied 10 months ago.
He was the initial independent executor
Expert:  Richard replied 10 months ago.

Thank you! Once the father died, the father's estate vested in the beneficiaries. So, 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.

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Customer: replied 10 months ago.
Thank you -
Expert:  Richard replied 10 months ago.

You're very welcome. It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: . Or, simply request “Richard only” in the first line of your question.