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Land in Texas

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rjphantom61

Junior Member
Texas - My stepdad just recently passed away without a will. Him and my mom were married for 10 years. He had inherited some land then traded that land and some land that him and my mom had bought for a larger piece of land. My stepdad put my moms name on the new piece of land along with his. In texas, would this new piece of land be considered inherited or community property with my mom legally owning half and be entitled to another fourth - half of my step dads part?
 


anteater

Senior Member
While I am not in Texas, my opinion is that the land would be considered community property.

Was there any written right of survivorship agreement between stepdad and mom?

If not and it is community property, did stepdad have any surviving children or other descendants that are not also your mom's children or descendants?

If not, without a will, then your mom owns the entire property. If yes, then your mom retains only 1/2 of the community property and the other half goes to stepdad's surviving children or other descendants.

Sec. 45. COMMUNITY ESTATE. (a) On the intestate death of one of the spouses to a marriage, the community property estate of the deceased spouse passes to the surviving spouse if:
(1) no child or other descendant of the deceased spouse survives the deceased spouse; or
(2) all surviving children and descendants of the deceased spouse are also children or descendants of the surviving spouse.

(b) On the intestate death of one of the spouses to a marriage, if a child or other descendant of the deceased spouse survives the deceased spouse and the child or descendant is not a child or descendant of the surviving spouse, one-half of the community estate is retained by the surviving spouse and the other one-half passes to the children or descendants of the deceased spouse. The descendants shall inherit only such portion of said property to which they would be entitled under Section 43 of this code. In every case, the community estate passes charged with the debts against it.
 

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