Rightful Heir

[zorae2011]

What is the name of your state (only U.S. law)? Texas

IF my mother was an heir to an estate in Texas, but her father outlived her, Is she still a rightful heir (would her children would be heirs?).

Where would I find information on this law?

Thanks.

 

[tranquility]

Search for:

"pretermitted heir" texas

 

[anteater]

Let's cut away the abstractions about "heirs"...

Did her father have a will?
If so, was your mother named as a beneficiary in the will?
If so, did the will contain any provisions concerning the possibility that one of the beneficiaries would predecease the father?

 

[zorae2011]

There was no will.

 

[anteater]

There was no will.

Then your mother's children would equally share what mother would have inherited.

The statute can be viewed here:

PROBATE CODE  CHAPTER II. DESCENT AND DISTRIBUTION

And scroll down there to Section 43.

Sec. 43. DETERMINATION OF PER CAPITA AND PER STIRPES DISTRIBUTION. When the intestate's children, descendants, brothers, sisters, uncles, aunts, or any other relatives of the deceased standing in the first or same degree alone come into the distribution upon intestacy, they shall take per capita, namely: by persons; and, when a part of them being dead and a part living, the descendants of those dead shall have right to distribution upon intestacy, such descendants shall inherit only such portion of said property as the parent through whom they inherit would be entitled to if alive.