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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.

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16y ago
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15y ago

As I am not a legal professional, this answer should be considered incomplete until improved by a professional. The the term Intestate is used to describe death without a will, and in Texas state law, as administered by the Probate Court in the county in which the deceaced held residence, determines who is considered an heir. As I understand it, with Texas being a community property state, a surviving spouse already owns a one half interest in all community property. IF there are no children or other legal heirs, then the spouse would receive all of the deceased spouses property, community or otherwise. If there are children who qualify as heirs, they would evenly share one half of the deceased parent's property, while the surviving spouse would receive the other half. ==Additional Information== You can access and read the sections of the Texas Code that govern intestate property by clicking on the related question below.

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8y ago

In the juristic method of incolneglency, the answer would appear to be: NO

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Q: Does the wife inherit all if the husband dies in Texas without a will?
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How do you transfer a deed when a parent dies without a will in Texas?

You open an estate with the probate court. The executor of the estate can issue the deed to those who inherit.


If the husband dies in Texas and there are no children who does his inherited undivided land go to?

Any property that he had will become a part of his estate. Usually the spouse will inherit it all, but there may be some provision for parents to inherit part of the property if there are no children. A will is important! And you would need to consult an attorney in Texas for specific rules.


Who inherits real estate in Texas?

One would surmise that whomever real estate is left to in a will would inherit it. If someone dies without a will, then the Texas Intestate Succession laws will determine who inherits the property.


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If you are separated but never took the steps to divorce, you in general would inherit all property.


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You can inherit property from your mother-in-law if she mentions you in her will by leaving a gift. If she dies intestate, or without a will, you are not her legal heir.


If your husband dies will you inherit even though you have been separated for nine years?

You are still legally married. In the US a wife cannot be disinherited by a will in most states. She has the right to a statutory share of her husband's estate in almost every state. If her husband dies intestate (without a will) she has a statutory right to a portion of his estate in almost every state.You can check the laws of intestacy for your state at the related question link provided below.


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Can estranged husband claim on intestate if his name is still on house deeds?

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What if your common law husband dies?

You will first of all have to document that you were considered married. This may require a court order. In that case, as spouse, you would inherit the bulk of the estate.


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Will is never revised after divorce and husband dies Can wife still inherit?

In most states, a divorce automatically removes the spouse from the will. In that case the current wife will inherit most of the estate. You should consult a probate attorney in your state for the details and what must be done.