No Will

[majep5]

What is the name of your state? TX

My father in law passed without having a will. What are the laws in TX regarding my mothers rights to their belongings if my step father has two other grown children?

 

[It's Me]

If your father-in-law, who is the father of your spouse, died, I don't see what your mother has to do with his estate. And I don't see what the number of children your stepfather has has anything to do with your father-in-law's estate.

 

[nextwife]

What is the name of your state? TX

My father in law passed without having a will. What are the laws in TX regarding my mothers rights to their belongings if my step father has two other grown children?

ARe you married to your sister?

 

[majep5]

oops

I meant to say step-father.

 

[BelizeBreeze]

What is the name of your state? TX

My father in law passed without having a will. What are the laws in TX regarding my mothers rights to their belongings if my step father has two other grown children?

Were your mother and step-father married at the time of his death?

 

[majep5]

reply

yes, they were married

 

[BelizeBreeze]

yes, they were married

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.

Therefore, filing probate would mean that your mother will receive a 1/3rd interest in the step-father's estate. That doesn't mean 1/3 of allproperty but only that portion of jointly held property that HE owned.

For example, if they owned a home together, she is 1/2 owner by title, then she receives another 1/3 of his portion of the 1/2 ownership and the children receive the other 2/3s