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Complications from family
- Thread Starter entilzah
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army judge
Super Moderator
As the spouse of a potential heir, YOU have no standing.
Your spouse stands to inherit.
If your spouse is deceased, your children replace him in matters of intestacy.
Suppose your spouse had one sibling.
Each sibling would inherit one half of the estate.
Suppose you and your spouse have two children.
If your spouse is deceased, each child inherits one quarter of the estate.
You do NOT stand in the this particular inheritance line.
You have no blood tie.
If you and your deceased hubby had no children, your husband's one half share would be further distributed by familial tie.
Here is a little more information on Texas intestacy laws:
http://www.professorbeyer.com/Articles/Intestacy_Texas_Basics.htm
http://www.smithgarglaw.com/articles-0207wills.html
http://www.mystatewill.com/statutes/tx_law.htm
army judge
Super Moderator
It has been my experience that most families become VERY greedy after the funeral!
I have also seen this trait while the injured or ill person lies on their death bed!
army judge
Super Moderator
entilzah said:
If there is a will, that changes things.
The will of the deceased can direct everything be given to a poodle.
If the will is being mishandled, you might want to seek the advice of a good attorney (depending on the value of the estate). If it's a couple thousand dollars, no. It it's several thousand dollars, maybe. If it's hundreds of thousands, definitely.
That is part of the problem, there is the property they lived in, possibly AT&T stock, the truck of his that they basically stole, and whatever might have been in his bank accounts. My wife's two sisters have refused to let her see any documents on what he still had. They did give her a copy of the will which states they are to "share and share alike."
Perhaps army judge can clarify, but in this instance, I believe the child of the other heir has no standing either if the the other heir (his parent) is still living and the will directs the estate to be divided among the deceased's children.
army judge
Super Moderator
irish223 said:
Irish, have I missed something?
I thought there to be three sisters.
Is the OP married to a half-sister?
If they are all full sisters, the OP's spouse should be equal to the other two sisters.
If that is the case, the OP's spouse might want to see an attorney.
If there is a will, it must be probated.
If it hasn't been, and the two thieves have been helping themselves to riches, OP's spouse should retain counsel.
Alas, sometimes everything has disappeared once the locusts descend upon the crops.
No, I was addressing the part about the child of another heir and that child's standing to inherit. As I understood the original question, OP asked if the child of an heir has more standing to inherit than he (the spouse of an heir).
Just saying that if the will splits the estate among the 3 sisters, then the children of those sisters are in line to inherit ONLY if their mother (one of the original 3 sisters) is deceased. Right?
ETA: Actually, I think it's a moot point since it seems that all heirs are still living, but the above is for intestate. Just out of curiosity, if one of the sisters died before the father, would her children then inherit her share if the will doesn't specify descendent heirs?
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army judge
Super Moderator
Irish, I hated this crap four odd decades ago.
I hate it more today.
Property, yuck.
We used to derisively call Property, Will & Thrills.
Yes, only if she is dead,
But, their father (if she's married) stands before her children.
You're right, they all appear to be living.
If BEE, CEE, & DEE are mentioned in a will, and DEE passes away before the testator; then the testator passes away.
Now only BEE & CEE remain alive.
The legal next of kin of DEE could assert the claim held by DEE.
It could be a spouse at that point, children, or grandchildren.
If BEE & CEE are the only closest surviving relatives of DEE, their shares increase by splitting what would have gone to DEE.
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Sorry to butt in, but I think the OP isn't asking about inheriting. I think he's asking if he can offer his opinion and input to the situation, and the other heir's children think their input trumps his. I think he's just trying to help his wife stand up to her siblings.
army judge
Super Moderator
Could be.paris said:
I don't think they want to listen.
They seem too busy pilfering and looting.
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Actually Paris that is absolutely correct. My wife had been convinced that her family was near perfect until her dad died in January. The first thing was have the locks changed on the house, then they took his truck the day they buried him (this issue has been addressed in another thread here), they refused to give her a key to the house for 3 months. We live 1 block away from her parents in her grandmothers house and have been here to care for her grandmother and her parents before they all passed. Now the two sisters and their children are going all out. Since our house was not completely paid for yet they each inherited a portion of that. They are now attempting to proceed to evict us. At this point they have told my wife unless she gives in to all of their demands that they will evict. I do not believe that they will stop even if she falls in line with them. As to the only thing we can prove which is the truck we have informed them that what they did was theft and fraud and that if they evict then they will be doing so from jail. They were told by the new attorney(they fired the original one) that they do not have to probate.
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