Inheritance question

[ca-kiddy]

What is the name of your state? What is the name of your state? CA & TX

I live in Calfiornia
My mom lives in Texas.
My mom is married to her second husband about 10 years ago, who is not my dad.
As far as I know my mom doesn't have a will.
If she passes away without a will, do I inherit any of her possessions or does everything she owns go to her current husband?

 

[Zigner]

Here is the law on the matter: https://statutes.capitol.texas.gov/docs/ES/htm/ES.201.htm

 

[adjusterjack]

There is also the issue of community property and items that may be owned jointly with right of survivorship.

You should encourage your mother to consult an estate planning attorney.

 

[zddoodah]

In a nutshell, under Texas law, if a person dies without a will and is survived by a spouse and children who are not the children of the surviving spouse, the spouse is entitled to: (1) 1/3 of the deceased's separate (i.e., non-community) property; (2) the right to use the shared family home (if there is one) for the rest of his life; and (3) a 1/3 interest in other real property. The children inherit everything else, including the deceased's 1/2 interest in the community property. The situation where a person dies without a will and is survived by a spouse and children who are not also the surviving spouse's children can be very messy in most states, but Texas is particularly difficult (CA, by comparison, is much simpler).

You should encourage your mother to consult an estate planning attorney.

Agree.