QUESTION

Will my nephew inherit my sisters’ land when she passes ?

Asked on Jan 01st, 2023 on Wills and Probate - Texas
More details to this question:
My sister moved to Texas years ago, and bought 12 acres of land. After that, she married. If she passes, without a will, will her children from her first marriage inherit the land or will her husband inherit it ?
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1 ANSWER

Personal Injury Law Attorney serving Bastrop, TX at The Law Office of James M. Ringel
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Hello, The answer is that without a will, both her husband and her children will inherit portions of her estate. As long as your sister doesn't put her husband on the title to her property and no community funds are used for its maintenance or payments, then all of her children will equally inherit the property, but her husband will retain a 1/3 life estate in it. If it's deemed community property, then her husband will keep his half-ownership of the property and her children will inherit the other half of the property. Googling "Texas intestate succession chart" can give you and your sister a better idea of how her property will be inherited after her passing in a fairly easy to understand format. Obviously, there are a variety of factors that will determine how the property gets inherited, which is why it's important to speak with an attorney after she passes. Ideally, your sister should get a will made, even just a basic one, to ensure that her property goes where she wants it to go. Best regards, James M. Ringel
Answered on Jan 03rd, 2023 at 6:47 AM

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