no will, too late?

[Trfisherman]

Jurisdiction

Texas

In Texas if someone dies without a will any community property owned by him and his spouce, and they do not have the same children, is to be split in half. Half for the spouce. Half for the children of the deceased.

I am the child of the deceased.

When Dad died, however, my stepmom never told me my dad died. I didn't find out until she passed six months later. She gave the I'll gotten estate to her friend.

I have an appointment with an attorney, but they're going to charge me for the consultation and I was wondering if my efforts will be futile. Is it too late to do anything?

 

[zddoodah]

In Texas if someone dies without a will any community property owned by him and his spouce, and they do not have the same children, is to be split in half. Half for the spouce. Half for the children of the deceased.

I assume the bolded part means that the deceased person had one or more children who are not also the children of his surviving spouse. Correct?

If so, then in this circumstance, the surviving spouse receives 50% of the community property, 1/3 of the deceased's separate property, and a life estate in any real property.

I have an appointment with an attorney, but they're going to charge me for the consultation and I was wondering if my efforts will be futile. Is it too late to do anything?

You didn't say when either your father or your former stepmother died, so it's impossible to determine whether it's too late.

 

[army judge]

I have an appointment with an attorney, but they're going to charge me for the consultation and I was wondering if my efforts will be futile. Is it too late to do anything?

When someone in Texas dies without a written will, their estate falls under Texas' intestate succession laws, which is a very strict inheritance hierarchy.

ESTATES CODE CHAPTER 201. DESCENT AND DISTRIBUTION

Sadly, it might be too late to rectify the matter.

Nevertheless, most attorneys usually offer a FREE initial consultation.

The consultation is a great way to ask a few questions, learn a little about what might be required to make you whole or better.

IF I were you, I'd shop around and speak to at least two local lawyers.

Nothing ventured, nothing gained.


If the deceased leaves behind:

A spouse, no children, and no parents: Spouse inherits the entire estate (as in everything);

A spouse and issue: The spouse inherits all of the community property, which refers to property that was owned jointly by the spouses, as well as ⅓ of the deceased's personal property and the right & title to her/his real estate. The children/issue inherit the remainder;

A spouse and children from other relationships:

The spouse inherits half of the community property as well as ⅓ of the deceased's personal property, and the right/title to any real estate. The children inherit everything else, including the remaining half of the community property that belonged to the deceased;

A spouse and parents: The spouse inherits all of the community property as well as all of the personal property. They also inherit ½ of any real estate independently owned by the deceased. The deceased's parents inherit the rest;

A spouse and siblings: The spouse inherits all of the community property as well as your personal property. The spouse inherits ½ of any independently-owned real estate, while the siblings inherit the remainder;

Children, no spouse: The children inherit the entire estate equally among themselves;

Parents, no spouse, no children: The parents inherit the entire estate;

Siblings, no parents, spouse, nor children: The siblings inherit the entire estate equally among themselves;

Grandchildren are usually eligible only if their parents (the deceased's children) are deceased at the time of the testator's death, but would have otherwise been eligible as heirs.

 

[Trfisherman]

the first deceased individual (my father) has kids. His wife does not and is not our mother. She did not inform us of his death. We found out when she died.

I assume the bolded part means that the deceased person had one or more children who are not also the children of his surviving spouse. Correct?

If so, then in this circumstance, the surviving spouse receives 50% of the community property, 1/3 of the deceased's separate property, and a life estate in any real property.



You didn't say when either your father or your former stepmother died, so it's impossible to determine whether it's too late.

 

[Trfisherman]

When someone in Texas dies without a written will, their estate falls under Texas' intestate succession laws, which is a very strict inheritance hierarchy.

ESTATES CODE CHAPTER 201. DESCENT AND DISTRIBUTION



If the deceased leaves behind:

A spouse, no children, and no parents: Spouse inherits the entire estate (as in everything);

A spouse and issue: The spouse inherits all of the community property, which refers to property that was owned jointly by the spouses, as well as ⅓ of the deceased's personal property and the right & title to her/his real estate. The children/issue inherit the remainder;

A spouse and children from other relationships:

The spouse inherits half of the community property as well as ⅓ of the deceased's personal property, and the right/title to any real estate. The children inherit everything else, including the remaining half of the community property that belonged to the deceased;

A spouse and parents: The spouse inherits all of the community property as well as all of the personal property. They also inherit ½ of any real estate independently owned by the deceased. The deceased's parents inherit the rest;

A spouse and siblings: The spouse inherits all of the community property as well as your personal property. The spouse inherits ½ of any independently-owned real estate, while the siblings inherit the remainder;

Children, no spouse: The children inherit the entire estate equally among themselves;

Parents, no spouse, no children: The parents inherit the entire estate;

Siblings, no parents, spouse, nor children: The siblings inherit the entire estate equally among themselves;

Grandchildren are usually eligible only if their parents (the deceased's children) are deceased at the time of the testator's death, but would have otherwise been eligible as heirs.

So what I'm getting from this is that my evil stepmom inherited the house they purchased together as there was no will. And I was bamboozled out of any personal or community items (not real estate) as she never told us he died.

What if she wasn't on the house title originally? She always claimed to be, but I've never actually checked.

 

[Trfisherman]

I might be confused. life estate means while my stepmom was alive she could live in it, but after death the house would return to original beneficiaries (myself and siblings)?

 

[adjusterjack]

What if she wasn't on the house title originally? She always claimed to be, but I've never actually checked.

Easy enough to look up the deed in the county records where the house is located.

Do that before you spend money on the lawyer.

Speculation without information is futile.

 

[Zigner]

So what I'm getting from this is that my evil stepmom inherited the house they purchased together as there was no will.

If they purchased the house together, it is quite possible (even likely) that they held title in such a manner that the house would go to the other spouse in the event of one of them dying. That has nothing to do with anything nefarious and would have reflected their intentions.

 

[Zigner]

I might be confused. life estate means while my stepmom was alive she could live in it, but after death the house would return to original beneficiaries (myself and siblings)?

If the house was held "with right of survivorship", then the your dad's wife became the sole owner of the house upon his death. It passes outside of probate.

 

[Trfisherman]

Easy enough to look up the deed in the county records where the house is located.

Do that before you spend money on the lawyer.

Speculation without information is futile.

Is the title public record and do I have to be there in person to view it? I'm a state away.

 

[adjusterjack]

Is the title public record and do I have to be there in person to view it? I'm a state away.

The county recorder may have a website where you can look up recorded documents (deeds) and maybe even view copies online.

If you have trouble finding the site, post the name of the county and I'll find it for you.

 

[zddoodah]

You didn't say when either your father or your former stepmother died, so it's impossible to determine whether it's too late.

Perhaps I was too subtle with this.

What was your father's date of death?

What was your stepmother's date of death?

I might be confused. life estate means while my stepmom was alive she could live in it, but after death the house would return to original beneficiaries (myself and siblings)?

Your terminology is off, but yeah, more or less.

 

[army judge]

So what I'm getting from this is that my evil stepmom inherited the house they purchased together as there was no will. And I was bamboozled out of any personal or community items (not real estate) as she never told us he died.

What if she wasn't on the house title originally? She always claimed to be, but I've never actually checked.

I have no idea that the woman is evil.
I presume she loved her husband, as you loved your father.
Both of you are grieving your loss and mourning his passing.

Legally, the widow had the right under Texas law to inherit the items revealed hereinabove.

Again, seek a FREE consultation with a couple of local attorneys practicing in the area of wills and/or trusts.

That way you'll receive a deeper understanding and walk away with potential solutions, or understand why you have no recourse.