• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Interstate Laws Multi-State

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

JABailey

Junior Member
What is the name of your state (only U.S. law)? Texas
My Dad passed away recently without a will. He lived in Texas for the last 5 years and died in Texas. I live in Texas. My step-mother does not have any kids and lives in New Mexico in her and my Dad's house. The Community Property law are different in each state. For instance in Texas the children of the deceased receive 1/2 of community property. In New Mexico the spouse receives all of the community property. Which state lnterstate laws would be used to probate his estate? Texas or New Mexico?
 


tranquility

Senior Member
What is the name of your state (only U.S. law)? Texas
My Dad passed away recently without a will. He lived in Texas for the last 5 years and died in Texas. I live in Texas. My step-mother does not have any kids and lives in New Mexico in her and my Dad's house. The Community Property law are different in each state. For instance in Texas the children of the deceased receive 1/2 of community property. In New Mexico the spouse receives all of the community property. Which state lnterstate laws would be used to probate his estate? Texas or New Mexico?
It would depend on the actual facts and when the property was acquired. Don't think of end or beginning, but, as it happened.
 

JABailey

Junior Member
Thank you. Some of the Community property was acquired while living in Texas and the some acquired while living in New Mexico. I just need to know if I was entitled to a portion of the assets. I guess I will look for an attorney next week.
 

Dandy Don

Senior Member
If you meant to say "intestate law" instead of interstate law, then the answer is the laws of the state where he died (Texas) are going to be primary. The administrator of the estate will also need to an ancillary (meaning additional) probate in New Mexico to handle the home.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top