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If a spouse dies in Texas and has no will what happens to the house when there is a surviving spouse and kids involved?
Texas is a community property state, therefore home ownership will automatically revert to the surviving spouse, and will not be included in probate procedures. Of course all the terms of a mortgage and/or home equity agreement will need to be adhered to, to prevent foreclosure or other legal difficulties. How very sad. Dying without a will is very common, both Abraham Lincoln and Howard Hughes died without making a will. check out this website which has a lot of very useful information, and the law you are looking for. http://www.professorbeyer.com/Articles/Intestacy_Texas_Basics.htm
What else can I help you with?
Does a surviving spouse in Texas have to get surviving children to sign before he sells his home?
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.
In Texas, when a spouse dies, who is entitled to the house?
In Texas, when a spouse dies, the surviving spouse is typically entitled to the house if it was community property or if it was left to them in the deceased spouse's will.
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!
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
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.
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.
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
What happens in Texas to the entire estate if a spouse dies without a will?
If all of the decedent's descendants are also descendants of the surviving spouse, then the surviving spouse gets everything. If not, then the surviving spouse gets to keep her half of the community property and also gets a life estate in one-third of the decedent's separate real property and 1/3 of the decedent's separate personal property (which includes cash). The surviving spouse also gets the right to live in the homestead for however long she chooses, until she abandons it, but she must pay the interest on the mortgage and taxes with respect to the home. The decedent's children get the rest, and they are responsible for principal reductions on the home mortgage and any insurance.
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.
Is the surviving spouse liable for the deceased spouse's debt if their name is not on the account?
If the couple resided in a community property state it is possible for the surviving spouse to be responsible for debt incurred by a deceased spouse even though he or she was not an account holder. Texas and Wisconsin are not considered "true" CP states as they treat solely incurred marital debt somewhat differently as do the other CP states.
What is Texas law regarding credit card debt for surviving spouse?
Technically, the debt has to be resolved by the estate. And as the spouse gets the estate, they will be paying one way or another. And is many cases the spouse benefits from the debt, they can come after the money
