Who gets the vehicles and boat if no Will was left?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who gets the vehicles and boat if no Will was left?
We live in Texas and my father-in-law passed away a year ago. He left behind a wife and 4 children. 3 from a previous marriage and 1 is their child together. All of their property is considered community property because it was aquired during the marriage. She is selling the house soon and I want to make sure I’m correct in thinking she owns her half and a portion of his half and all 4 of the children all are adult children split the remainder. Correct? Also, there are 2 vehicles and a boat that would be considered community property as well. Can she simply change the title over to her name or do the children have to inherit or forfeit their portion of that as well?
Asked on August 8, 2016 under Estate Planning, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Sorry to hear about your father-in-law.
Since he died intestate (without a Will), the rules of intestate succession determine inheritance.
Under intestate succession, the surviving spouse inherits your father-in-law's entire estate. The children do not inherit anything.
If there had not been a surviving spouse, the estate would have been divided equally among the children.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.