TexasInheritance.Com

Who inherits in Texas

Published by Robert A. Ray

Contesting a will in Texas
– Robert Ray

Who inherits in Texas?

First, we have to answer the following:

  1. Is there a will? If yes, the will determines who inherits.
  2. Is there a surviving spouse? If yes, what the surviving spouse inherits may depend on if there are children.
  3. Are there children? They may inherit depending on the status of a surviving wife.
  4. If there is no surviving spouse and no children, are there living parents?
  5. If there are no living parents, are there living siblings or descendants of deceased siblings?
  6. If there is no spouse, children, parents, siblings or descendants of siblings, then all goes to distant relatives like cousins, aunts, uncles, nieces and nephews.
  7. If there are no relatives at all, all escheats to the state.

Follow Us

Let’s take these inheritance rights in order:

  1. Is self explanatory. If there is a will that is not contested, it determines who inherits.
  2. If there is a surviving spouse, what she inherits depends on if there are children. If all the children of the decedent are also children of the spouse, the spouse will inherit all the community property and an interest in the separate property. The children will inherit most fo the separate property. On the other hand, if there are children of the decedent that are not the children of the surviving spouse, the children will inherit most of the estate and the spouse will inherit some interest but not a large part.
  3. If there are children and a surviving wife, see No. 2. If there is no surviving wife, the children take all.
  4. 5. 6. and 7 if there is not a surviving spouse and no children, you work back up the family tree to the parents, then siblings then cousins, etc. If none of those can be found, all the property goes to the state.

Do not take, or refrain from taking, any action based on what you read. You need to discuss your situation with your attorney who can advise you based on your facts.

If you have a question about a pending or anticipated lawsuit about contesting a will in Texas, use the Contact Us page at the top of the site to see if we can help.

Some articles from our blog are set out below.

Thanks for visiting!

Join the List

Let’s Work Together

Inheritance Rights of Children in Texas

As an easy starting point to learn about the inheritance rights of children, the following list is provided: The inheritance rights of natural children; The inheritance rights of adopted children; The inheritance rights of children born after a will is made; and The...

read more
Can Adopted Children Inherit in Texas?

Can Adopted Children Inherit in Texas?

In Texas, when a child is legally or formally adopted, they inherit to the same extent as natural children. A formal adoption is where the court system is involved.  A suit for adoption is filed.  Then, in some cases, the state investigates the adopting parents to...

read more

Follow Us

Join the List

Who and What we Are

Robert Ray is Board Certified

Robert Ray is the Editor and owner of this site. Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization. We handle cases throughout Texas. Our principal office is in Lantana, Texas (DFW area).
Contesting a will in Texas

Your Privacy

We take your privacy very seriously. We are keenly aware of the trust you place in us and our responsibility to protect your privacy. We treat all information provided to us with care and discretion.

Let’s Work Together

Contesting a will in Texas

Zoom type workshops?

In the age of Covid-19. we have been thinking of having monthly or bi-monthly, free, Zoom type workshops where participants discuss with us issues that are of interest to them. There would be no agenda, we would discuss areas that the participants wanted to discuss. Participants could attend by computer, tablet or smartphone.

This would be a public Zoom type meeting so nothing personal or confidential should be discussed. Just general questions. Personal or confidential questions should be asked by using the Contact Us tab above.

If you think we should start having these workshops, please leave your email so we can notify you?

We will notify you if we decide there is interest in the workshops. Thanks for letting us know.

Pin It on Pinterest

Share This