What is the name of your state? Texas
Here is a seemingly very simple problem to solve and understand.
A man dies intestate.
Spouse predeceased him.
He has two surviving children.
One of these children dies intestate before his fathers estate enters probate.
The remaining surviving child commences Probate of the father's estate.
How is the Probate court to distribute the father's estate?
All 100% of the father's estate to the surviving child?
Or, since both children were alive at the time of the father's death and they became "vested" in their father's estate, would only 50% of the father's estate go to the living child, and the other 50% to the deceased childs estate?
After reading the Descent and inheritance laws, I am very confused on this issue. Anyone care to clarify, and explain which is correct and why?
richie
Here is a seemingly very simple problem to solve and understand.
A man dies intestate.
Spouse predeceased him.
He has two surviving children.
One of these children dies intestate before his fathers estate enters probate.
The remaining surviving child commences Probate of the father's estate.
How is the Probate court to distribute the father's estate?
All 100% of the father's estate to the surviving child?
Or, since both children were alive at the time of the father's death and they became "vested" in their father's estate, would only 50% of the father's estate go to the living child, and the other 50% to the deceased childs estate?
After reading the Descent and inheritance laws, I am very confused on this issue. Anyone care to clarify, and explain which is correct and why?
richie