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Does a surviving spouse in Texas have to get surviving children to sign before he sells his home?
Wiki User
∙ 13y ago
That depends on how you and your spouse held title to your property and whether the surviving children are the children of both the decedent and the surviving spouse. You should consult with an attorney.
Wiki User
∙ 13y ago
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Spouse dies with a will that gives to her children. surviving spouse wants to stay in the house. Does he have to sell house in order to pay her children half of the equity or does he get a life estate?
In Texas, the suriving spouse has a life estate and does not have to sell.
Does property and estate automatically transfer to the surviving children if the deceased did not have a will in the state of Texas?
In Texas, if a person dies without a will, their property will be distributed according to intestacy laws. This typically means that the property will pass to the surviving spouse and children in varying shares depending on the family situation. If the deceased had no spouse but had children, then the property would likely pass to the surviving children.
In Texas does wife get all if husband die?
The answer is somewhat complicated.Community PropertyAll property acquired during a marriage is presumed to be community property. Under Texas laws, if you are married and are survived by a spouse and children, then:Your surviving spouse will inherit all your community property if all your children are also the children of your surviving spouse;Otherwise, all your one-half interest in the community estate will pass to your children, with your spouse keeping only his or her one-half interest.If you do not have any children, then your surviving spouse will inherit all of your community property.Separate PropertyIf your property is characterized as separate property, the distribution scheme is different:If you are survived a spouse and children, your surviving spouse is entitled to one third of your separate personal property and only a life estate (the right to use the property until his or her death) in one-third of your separate real property. The rest would be inherited outright by the children of the deceased spouse.If you are married but have no children or other descendants, your surviving spouse would be entitled to all the separate personal property. But if you have surviving parents and siblings, the surviving spouse would only be entitled to one-half of the separate real property with the other half passing to the parents, siblings or descendants of siblings in a manner set forth by the statutes.https://texaswillsandtrustslaw.com/2010/10/18/dying-without-a-will-the-texas-intestacy-statutes/
What are Texas laws regarding intestacy?
Texas law can get very specific as to who has an interest in the intestate estate. Generally speaking, Texas is a community property state and therefore distinguishes between community property and separate property. There are different rules for each type of property. All of the community property belongs to the surviving spouse unless there are heirs that are not related to the surviving spouse. If this is the case, then the spouse will receive one half of the estate while the heirs will have the other half to divide among themselves. If there are no surviving children or heirs then the surviving spouse will inherit the separate property as well.The General order for distribution is:(1)spouse(2)children(3)parents(4)brothers and sisters
In Texas if a deceased spouse has named someone other than the surviving spouse does the surviving spouse have any claim under community property?
Property acquired during a marriage is subject to community property laws.A surviving spouse in Texas has other laws that may grant rights in the decedent's estate depending on whether there is a Will or not: Laws of Intestacy and a surviving spouse's Right of Election. You should seek the advice of an attorney who can review your situation and explain your options.https://brazoslawyers.com/widows-right-election-texas/
Is the surviving spouse obligated to pay medical debt after the death in Texas?
Yes!
Is the last will made before marriage and the executor so named in the will still effective in the state of Texas and what are the rights of surviving spouse with out a will?
In many jurisdictions, a will made prior to marriage is considered void and the intestate laws will be applied. Typically, if there are no issue from the deceased, the spouse will inherit everything. If there are issue, the estate is split between the spouse and the children.
Who has the legal right to remains?
Texas has a statute providing for the naming of an agent to control disposition of remains. If a person did not sign such a document during lifetime, the right goes to a list of people, beginning with the surviving spouse. If none or the surviving spouse cannot serve, then adult children. It goes on from there.
When husband dies with no will or children does his estate that he owned before marriage go to his spouse or closest blood kin in Texas?
It would go to his spouse
In Texas is the surviving spouse responsible for department store debt still owed?
Texas is a community property state therefore a surviving spouse usually can be held liable for debts solely incurred by the deceased spouse. Exceptions can be made to this law based upon the circumstances of individual cases
Does the wife inherit all if the husband dies in Texas without a will?
If there is no will, the property will be distributed per the state's intestacy laws. In Texas, the property is given to the surviving spouse under the community property laws. If the children are not the survivor's, then the property is split between the surviving spouse and the children. If they are minors, it will be placed into trust.
Is the surviving spouse responsible for medical debt left behind in Texas?
In Texas, the estate must resolve all debts including medical bills. Until that is done, the spouse cannot inherit anything.
