Intestate laws in TX

[PurplePlanet]

What is the name of your state (only U.S. law)? Texas

My father passed away and did not have a will. He was married to my step mother at the time of death. I am his only child. My father and step mother did not have children together. She does not have any children at all.

She has delayed in wanting to do anything with his estate. Any time the subject comes up, she claims she has a headache and the subject is changed. I already know that I am 50% heir and she has the right to live in the house as long as she wishes. I am not asking that she sell the house. I just want her to take care of what she should for right now.

My step mother is not in the best of health and is always sick. I have 2 questions:

1. If my step mother passes away before doing anything, who inherits her 50%? Would this go to her next-of-kin (siblings) or would everything go to me?

2. Is there a time frame that certain legal issues must be taken care of? I just would hate for things to get tied up with the courts because she kept her head in the sand on things.

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas

My father passed away and did not have a will. He was married to my step mother at the time of death. I am his only child. My father and step mother did not have children together. She does not have any children at all.

She has delayed in wanting to do anything with his estate. Any time the subject comes up, she claims she has a headache and the subject is changed. I already know that I am 50% heir and she has the right to live in the house as long as she wishes. I am not asking that she sell the house. I just want her to take care of what she should for right now.

My step mother is not in the best of health and is always sick. I have 2 questions:

1. If my step mother passes away before doing anything, who inherits her 50%? Would this go to her next-of-kin (siblings) or would everything go to me?

2. Is there a time frame that certain legal issues must be taken care of? I just would hate for things to get tied up with the courts because she kept her head in the sand on things.

You can always file to open probate yourself and ask to be made the executor of the estate. Then you could proceed with getting things settled.

 

[FlyingRon]

Note that Texas has a rather quirky intestate succession law when it comes to real estate. The wife doesn't necessarily get half of seperately owned real estate.

Anyhow, the failure to open probate doesn't change who ultimately will get the property, it just makes the ultimate distribution a bit more complicated.
You don't need her consent to start probate as Ldij points out.