Who inherits if there is no Will?
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Who inherits if there is no Will?
My wife passed away and I am sick and dying. The house and land were in her name. I have 1 son; she had 6. Who will get land? I’m in TX.
Asked on December 8, 2011 under Estate Planning, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Sorry to hear about your wife and sorry to hear about your health.
When there isn't any Will, the rules of intestate succession determine inheritance. Intestate means dying without a Will.
Under intestate succession, the surviving spouse inherits the estate from the deceased spouse. If there is no surviving spouse the estate goes to the surviving children. You have inherited your wife's estate. The surviving children will inherit the estate (house and land) from you. Since there are seven surviving children, each child will have a 1/7 interest in the estate. The seven children will inherit equal shares of the estate whether they are step-children or your own child. If a child dies, but has his or her own children, those children receive their parent's share which would be divided among them. For example, if one child who is to receive 1/7 of the estate died, but left two of his or her own children, each of those two children would receive 1/14 of their deceased parent's share (1/14 + 1/14 = 2/14 = 1/7).
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