Inheritance Question

[CC-7097]

Jurisdiction

Texas

Inheritance Question: If two parents have 2 children and each of them have 2 children who are now adults, but one of the parent's children dies before the parents how should their estate be divided? Does 1/2 go to surviving child and 1/2 go to the living children of the deceased child or 1/2 go to the surviving child and 1/2 to the deceased child's widow/widower who has since remarried? There is a will. Just wanting to know what is customary.

 

[adjusterjack]

That's one way. But there really is no "customary." Parents can write their wills to divide their estate in any proportions they choose, taking many factors into account.

 

[Tax Counsel]

Inheritance Question: If two parents have 2 children and each of them have 2 children who are now adults, but one of the parent's children dies before the parents how should their estate be divided? Does 1/2 go to surviving child and 1/2 go to the living children of the deceased child or 1/2 go to the surviving child and 1/2 to the deceased child's widow/widower who has since remarried? There is a will. Just wanting to know what is customary.

If the decedent has a good will and/or trust that will specify who gets what, and the decedent can give his/her stuff to anyone he or she wants, subject to any marital rights the spouse has. In my experience the only really common theme for most clients is that they tend to want most of their stuff to go their spouse and/or kids or grandchildren. The split doesn't have to be the same for each person, and I've seen people divide up their estates in a lot of different ways based on that family's situation. Another popular choice is giving some or all of the estate to a favorite cause or charity.

If the decedent does not have a will, then the court will have to apply the state's rules of intestate succession. A Texas court has a chart that will help explain to you how those rules will work out.

 

[zddoodah]

two parents have 2 children and each of them have 2 children who are now adults

This is beyond ambiguous. Are you saying that A and B have two children, C and D? Or are there more children involved in this hypothetical?

but one of the parent's children dies before the parents how should their estate be divided?

Putting aside the ambiguity, I'm not sure I understand the question. For starters, you refer to "their estate," but there are two parents, and each of them will have an estate. Texas is a community property state, so there are limitations about the disposition of the estate of a person with a living spouse. Are you asking about Texas's law regarding intestate succession (the law that says who gets what when a person dies without a will)? Or are you asking some other question?

Does 1/2 go to surviving child and 1/2 go to the living children of the deceased child or 1/2 go to the surviving child and 1/2 to the deceased child's widow/widower who has since remarried? There is a will.

If there's a will, then the will controls the disposition of the estate, unless the will fails to provide appropriately for the surviving spouse.

 

[CC-7097]

This is beyond ambiguous. Are you saying that A and B have two children, C and D? Or are there more children involved in this hypothetical?



Putting aside the ambiguity, I'm not sure I understand the question. For starters, you refer to "their estate," but there are two parents, and each of them will have an estate. Texas is a community property state, so there are limitations about the disposition of the estate of a person with a living spouse. Are you asking about Texas's law regarding intestate succession (the law that says who gets what when a person dies without a will)? Or are you asking some other question?



If there's a will, then the will controls the disposition of the estate, unless the will fails to provide appropriately for the surviving spouse.

Sorry for the ambiguity - trying not to be identifiable. The question I am asking - If there are 2 children, does it make sense for a deceased child's widow to receive 1/2 of everything or should that half go to the deceased child's adult children? I am a grandchild and my dad is the deceased. My sibling and I were willed 1/2 of what they had left and my mother, who has since remarried, feels like all of the money we inherited should belong to her and not us. Is it appropriate for her to be upset?

 

[adjusterjack]

does it make sense

That's not a legal question. What makes sense to some people might not make sense to others.

I am a grandchild and my dad is the deceased.

You're a grandchild of your father? How did that happen?

Is it appropriate for her to be upset?

Also not a legal question. That she is upset is her personal choice and has nothing to do with the legal obligations to comply with the terms of the will.

My sibling and I were willed 1/2 of what they had left

If that's what the deceased put in the will, that's what you and your sibling get.

who has since remarried, feels like all of the money we inherited should belong to her and not us.

Feelings don't butter any parsnips. The executor of the estate has to comply with the terms of the will.

If you and your sibling have already gotten your inheritance, just tell her no.

If you and your sibling have not received your inheritance, remind her that the law requires compliance with the will and her feelings are irrelevant.

 

[army judge]

Sorry for the ambiguity - trying not to be identifiable. The question I am asking - If there are 2 children, does it make sense for a deceased child's widow to receive 1/2 of everything or should that half go to the deceased child's adult children? I am a grandchild and my dad is the deceased. My sibling and I were willed 1/2 of what they had left and my mother, who has since remarried, feels like all of the money we inherited should belong to her and not us. Is it appropriate for her to be upset?

No relative of the deceased is entitled under Texas law to receive anything, with an obvious exception.

The exception regards the spouse (and any MINOR issue) of the deceased.

We need not discuss minors, as none were noted above!

Texas is a TRUE community property state.

According to Texas law, the surviving spouse is entitled to receive a MINIMUM of 50% of the deceased's estate.

Does a Surviving Spouse Have to Make An Election?
Texas is a community property state. There is NO right of election. A surviving spouse owns one-half of the community interest without restrictions. See Tex. Fam. Code. 3.002. In the event the decedent attempted to dispose of more than his or her share of the community property by a will, the surviving spouse must then decide whether to take under the will as provided, or take his or her own property and forego the bequest.

Surviving Spouse Homestead Rights
Article XVI, sec. 51 of the Texas Constitution sets forth who can receive homestead property upon the death of an owner if he or she is survived by a spouse or a minor child. A surviving spouse is entitled to no less than a life estate in any property used as a homestead by the deceased spouse in Texas. See Tex. Const. art XVI, sec. 52.

Surviving Spouse Rights In Exempt Property
The surviving spouse may claim exempt personal property described in section 42.002(a), Property Code.

Allowance In Lieu Of Exempt Property
The Texas Estates Code, section 353.053, also provides for an allowance in lieu of exempt property, stating:

(a) If all or any of the specific articles of exempt property described by Section 353.051(a) are not among the decedent's effects, the court shall make, in lieu of the articles not among the effects, a reasonable allowance to be paid to the decedent's surviving spouse and children as provided by Section 353.054.

(b) The allowance in lieu of a homestead may not exceed $45,000, and the allowance in lieu of other exempt property may not exceed $30,000, excluding the family allowance for the support of the surviving spouse, minor children, and adult incapacitated children provided by Subchapter C.

Family Allowance

A surviving spouse is also entitled to family allowance for one year payable from decedent's estate. Texas Estates Code section 353.102.

Marital Agreements
Marital agreements which are often referred to as prenuptial agreements, ante-nuptial agreements, and post-nuptial agreements, can waive or create rights upon the death of a spouse.

It is imperative to have a lawyer review these agreements to properly address any rights you may have at death or as a surviving spouse. It is also important to have these documents properly reviewed by experienced probate lawyers to ensure any death time provisions are properly addressed prior to signing any of these agreements. Many of the rights of a surviving spouse can be waived or increased in properly drafted agreements. Tex. Fam. Code § 4.103.

Wills, Trusts, Probate & Litigation Attorneys Houston TX | Surviving Spouse Rights in Texas
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Survivors Rights
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[zddoodah]

trying not to be identifiable.

There are nearly 30 million people in Texas. There is no permutation of a family that could make you identifiable.

does it make sense for a deceased child's widow to receive 1/2 of everything or should that half go to the deceased child's adult children?

I don't know what this question means. There are laws that say a surviving spouse must receive at least a certain amount of the deceased spouse's estate. Also, since Texas is a community property state, there are restrictions as to the disposition of community property. As the prior response noted, whether or not something "makes sense" is not a legal issue. It's also not something that can be answered intelligently by a complete stranger. What makes sense for me and my family might not make sense for you and your family.

I am a grandchild

Seeing as how this is true of every living human, I'm not sure what the point of this statement is.

my dad is the deceased. My sibling and I were willed 1/2 of what they had left and my mother, who has since remarried, feels like all of the money we inherited should belong to her and not us.

So...your father died. He was survived by a spouse (your mother) and a child (you). He was also predeceased by a child who has surviving children. Your father had a will. Now we've got something we can worth with, but you haven't clearly told us what the will says. If you tell us what the will says and actually have a legal question, then we can give you some information.

Is it appropriate for her to be upset?

Also not a legal question.

 

[adjusterjack]

The point is I am the grandchild of the parents who died. They had $. They gave 1/2 to one of their children. They gave 1/2 to their other 2 son's children (the dead one). I am one of the other son's (the dead one) children.

You mean this has already been done and the funds distributed to the heirs?

If yes, what is the point of the discussion? Nothing is going to change.