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wlda

Texas is a community property state and as such a surviving spouse will have rights to both the separate property and the community share of the deceased spouse. The surviving spouse is entitled to the decedent's entire share of the community estate so long as any surviving children are also the children of the surviving spouse, if they are not then the surviving spouse would receive 1/2 of the community property and the other children would receive the other 1/2 of the community property. The distribution of separate property also depends on the children of the estate. If there are children, ... Read entire entry »


wlda

An heirship contest is usually brought by a person who believes that they are an heir to the decedent and have been wrongfull denied their rightful portion of the estate property. In order to have a chance to show they are an heir they must file a suit in the probate court to declare heirship in which the court will determine who the proper heirs are and the respective shares of each of them. Proof of relation may be offered through testimony in open court, written testimony of the decedent, or through genetic testing done in compliance with the law and presented to the court. Once all evidenc... Read entire entry »


wlda

In order to avoid the statutory heirship procedure, one may either prepare a will or trust, or both, which will ensure that their wishes for how their property should pass are fulfilled. Wills may either be done wholly by the hand of the person wishing to create the will (the testator) or it may be drafted by an attorney, signed by the testator, and attested to by 2 disinterested witnesses over the age of 14. A trust should also be drafted by an attorney, then signed by the grantor. Additionally, both of these documents must be done while the testator or grantor has the capacity to create such... Read entire entry »


wlda

The property will pass to the decedent's heirs, which are determined at the time of decedent's death. Heirs are those persons related to the decedent through blood or marriage. The law looks to the spouse first, if there is one, then to any children of the decedent, then to any other relatives of decedent such as parents or siblings. Once the number of heirs is ascertained the property, both real and personal, will be split between those surviving heirs. This process has been implemented in order for the state to attempt to make a fair distribution of the decedent's property when there is... Read entire entry »


wlda

An heirship is the process of distributing a persons estate after their death when that person (the decedent) did not have a valid will at the time of death.... Read entire entry »

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