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The answer is somewhat complicated.
Community Property
All 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 Property
If 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 else can I help you with?
In Texas What happens to a judgment against a husband by his wife during the divorce and the husband dies Does the judgment die also or is it passed on to the Dad which is the only aire?
In the state of Texas, if there are no children, the judgement stands, and the amount of the judgement would be handed down to the father, if he is the husband's only heir. This can however be taken to court and disputed.
What does 'I shall be deemed to have predeceased my husband' mean in your will if he has his own will?
It means that, if both the husband and wife die simultaneously, the wife's will is to be executed first.
What is sati?
sati is when the husband dies and the wife has to die with him.if the wife doesnt die then they were kept lock in the room and not given any food as they would think that the husband died because the wife is unlucky
Can a parent die without leaving bilogical children anything?
Yes. If there is a will and the children are not included, they're not included. If, say, a husband/father dies without a will and wife remains, wife inherits all whether she is mother of husband's children or not.
Who's will is valid when both husband and wife die in an accident?
depends on who has insurance LOL :)
Did the wife die in the story A journey by Edith Wharton?
Yes, the wife did die in the story "A Journey" by Edith Wharton. The story revolves around the husband's journey through grief and reminiscence after his wife's death.
Why did Roy Schieder die?
Scheider's wife attributed her husband's death to complications from a staph infection.
What year did Annie Oakley's husband die?
He died in 1926 only 18 days after his wife.
What are the laws in Trinidad Tobago of Someone die without a will?
If that someone has a next of kin - wife/husband he or she can go to a lawyer and file a letter of administration if the person has no wife/husband then the children can file for the letter of administration for the estate.
Who inherits the children if husband and wife die without a will in Texas?
Children are not property and as such are not inherited. If there are family members that want custody, they can petition the court. The court will, with the recommendation of the appropriate agencies, grant custody to the appropriate parties, or put them in foster care.
Did James Cook's wife die before him?
No. James Cook's wife, Elizabeth, died of old age. She was 93 when she died, having outlived her husband by 56 years.
Can an estranged wife make the decision to allow her sick husband to die?
If they are not divorced and have no formal separation documentation then she is still his next of kin and so has the right to let him die.
