Okay, so with the information that both parents died intestate (without a will), lets take a look at how 'confusing' this could become......
Texas intestate succession is:
As for Larry (with surviving spouse AND child):
1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to depends on these situations:
* If there are surviving children or direct descendants of the decedent, the surviving spouse takes one-third of the personal property in the estate, with the balance going to the children and descendants. The surviving spouse is also entitled to an interest in one-third of the land in the estate for the rest of his or her life (a.k.a., a life estate), with the remainder going to the decedent's children and descendants.
2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes in the following order to:
1. Decedent's children and their descendants.
2. Decedent's parents equally if both survive. If only one parent survives, however, the estate is divided into two equal portions, one of which passes to the surviving parent and the other half passes to the decedent's brothers and sisters and their descendants If no siblings or their descendants exist, the whole estate is inherited by the surviving parent.
3. Decedent's siblings and their descendants.
4. If none of the above are available, then the inheritance is divided into two equal shares ("moieties"), one for decedent's paternal kin and one for decedent's maternal kin, and distributed in the following order:
a. To the grandfather and grandmother in equal portions.
b. If only one of the grandparents is living, then the estate is divided into two equal parts, one of which goes to the survivor and the other goes to the descendants of the deceased grandparent. If there be no such descendants, then the whole estate is inherited by the surviving grandparent.
c. If both grandparents are deceased, then the entire portion goes to their descendants, and so on without end, passing in like manner to the nearest lineal ancestors and their descendants.
d. If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.
So with that, since half of everything Larry owned was already Kara's (by community property right), if the motorcyle was titled ONLY in Larry's name, then Kara owns half of it (community) plus another 1/6th (1/3 of the remaining half), this gives Kara 2/3rds ownership, and the children each equal shares of the remaining 1/3. However, if the title was in ROS (Right of Survivor) form, then Kara would own 100% of the motorcycle!
Now, here is where it starts to get confusing.... if not already.
As Kara's shares of this motorcycle were established PRIOR to her subsequent remarriage, Kara's new husband has NO claim on the motorcycle title as her ownership was pre-marriage. However, since she died intestate also, then HER 2/3rds ownership (66.67%) would be split 1/3 to her husband (at the time of her death), giving him a 22.22% claim to the motorcycle.... with the remaining 2/3rds (of HER 2/3rds ownership) going to THEIR children (if any).
And this is the SIMPLE process!! It could be more complex if there are other children involved.......
