No Will

[texasw47]

What is the name of your state? Texas. My Sister died Nov.2006 without a will, she inherited the property as her Sole and Separate Property in 2004 when our Father died. Her and her Husband have 3 Children together, she had one child before their marriage. The question is exactly what are they intitled too? And 2 of the boys are in jail, how can the Estate be Probated with them being in jail? My main concern is the Oldest which is not her Husbands biological child and he has let it be known he isn't going to leave him anything.What is the name of your state?

 

[ceara19]

What is the name of your state? Texas. My Sister died Nov.2006 without a will, she inherited the property as her Sole and Separate Property in 2004 when our Father died. Her and her Husband have 3 Children together, she had one child before their marriage. The question is exactly what are they intitled too? And 2 of the boys are in jail, how can the Estate be Probated with them being in jail? My main concern is the Oldest which is not her Husbands biological child and he has let it be known he isn't going to leave him anything.What is the name of your state?

He's not required to leave anything to his stepchild.

 

[nextwife]

He's not required to leave anything to his stepchild.

Yup, it was up to sister and the child's father to leave him an inheritance, not stepdad. Hopefully, mom made sure that her premarital assets and inheritance were kept seperate and not comingled with marital funds, so that she COULD maintain a seperate inheritance for her child that was born before this marriage.

 

[BelizeBreeze]

Let's back up ladies.

First question is was the sister's estate probated and was the inherited property ever converted to marital property?

If the answer to the two questions above are no, then the answers are quite different.

a. Personal Property
The surviving spouse receives one-third of the deceased spouse_s separate personal property with the remaining two-thirds passing to the children or their descendants. These interests are outright.

b. Real Property
The surviving spouse receives a life estate in one-third of the deceased spouse_s separate real property. The rest of the property, that is, the outright interest in two-thirds of the separate real property and the remainder interest following the surviving spouse_s life estate passes to the deceased spouse_s children or their descendants.

Texas in Probate Code § 38(b)

 

[nextwife]

Which is why I said "hopefully maintained as seperate", because if mom titled her property as Jt Tenants WROS with hubby, then it will pass outside probate. So her choices once she recieved her property will determine what can happen to it now.

 

[texasw47]

Texas.....Sister's Estate has not been Probated and her Inherited property was not converted to marital property, so my question was answered right, but what does it mean when it stated Surviving spouse recieves a " Life Estate"? Define Life Estate please.

 

[BelizeBreeze]

Texas.....Sister's Estate has not been Probated and her Inherited property was not converted to marital property, so my question was answered right, but what does it mean when it stated Surviving spouse recieves a " Life Estate"? Define Life Estate please.

The right to use the premesis as their own for their life without right to sell such.

 

[texasw47]

Texas****************************......The Automobile would be considered community property, but the deceased and spouse was in chapter 7 bankruptcy when she died and the truck is listed in the bankruptcy, question is, can the surviving spouse sell the truck? Or is he intitled to the truck?

 

[nextwife]

ARGH! There was also an in progress bankrupcy? And a non-probated estate from which she was due to inherit?

This situation REALLY screams for an attorney. There are way too many variables (creditor's rights, spousal rights) to accurately address this on an internet forum.

 

[seniorjudge]

Texas****************************......The Automobile would be considered community property, but the deceased and spouse was in chapter 7 bankruptcy when she died and the truck is listed in the bankruptcy, question is, can the surviving spouse sell the truck? Or is he intitled to the truck?

Anything else you left out?

Care to start all over from the beginning and give us all the facts?

 

[texasw47]

Texas****************************..No I don't beleive there is anything else I left out. But I will recap to make sure. My Sisiter died Nov 29, 2006, her Husband is trying to clean the house out, she had no will, they have been married 33 yrs.Her kids are upset because they feel that their Father is moving to fast and she didn't matter. She inherited the house from our parents estate in 2004 and it was deeded to her as her SOLE and Separate property. But her and her husband are in bankruptcy, 2 boys in jail, and they where making payments to bankruptucy chapter 7when she died because her Husband can't work due to medical, the only thing they have together is the Truck and it is in the bankruptcy and he is trying to figure out a way to get rid of it. I guess that's the question can he sell that truck? He wants to write 1 son off because he isn't his and thinks he deserves nothing. I handled my Fathers Estate so I do understand how some of it works, just not this one because of the House and Truck, because they seem to be 2 different issues****************************...separate property and community property.I'm doing my homework as I call it, someplace I have a notebook on Probate Law but can't find it and unable to get to the Law Library, So there you have it******************************************..he is trying to sell everything including the house.A BIG FAT MESS!
Thank You