Persons Who Take Upon Intestacy
Full Question:
In Texas, if a spouse dies without leaving a will, does the surviving spouse inherit all assets, including property that was left to the deceased spouse during the time of marriage?
11/18/2007 |
Category: Wills and Estates |
State: Texas |
#12473
Answer:
The following is a TX statute:
§ 38. PERSONS WHO TAKE UPON INTESTACY. (a) Intestate
Leaving No Husband or Wife. Where any person, having title to any
estate, real, personal or mixed, shall die intestate, leaving no
husband or wife, it shall descend and pass in parcenary to his
kindred, male and female, in the following course:
1. To his children and their descendants.
2. If there be no children nor their descendants, then to his
father and mother, in equal portions. But if only the father or
mother survive the intestate, then his estate shall be divided into
two equal portions, one of which shall pass to such survivor, and
the other half shall pass to the brothers and sisters of the
deceased, and to their descendants; but if there be none such, then
the whole estate shall be inherited by the surviving father or
mother.
3. If there be neither father nor mother, then the whole of
such estate shall pass to the brothers and sisters of the intestate,
and to their descendants.
4. If there be none of the kindred aforesaid, then the
inheritance shall be divided into two moieties, one of which shall
go to the paternal and the other to the maternal kindred, in the
following course: To the grandfather and grandmother in equal
portions, but if only one of these be living, then the estate shall
be divided into two equal parts, one of which shall go to such
survivor, and the other shall go to the descendant or descendants of
such deceased grandfather or grandmother. If there be no such
descendants, then the whole estate shall be inherited by the
surviving grandfather or grandmother. If there be no surviving
grandfather or grandmother, then the whole of such estate shall go
to their descendants, and so on without end, passing in like manner
to the nearest lineal ancestors and their descendants.
(b) Intestate Leaving Husband or Wife. Where any person
having title to any estate, real, personal or mixed, other than a
community estate, shall die intestate as to such estate, and shall
leave a surviving husband or wife, such estate of such intestate
shall descend and pass as follows:
1. If the deceased have a child or children, or their
descendants, the surviving husband or wife shall take one-third of
the personal estate, and the balance of such personal estate shall
go to the child or children of the deceased and their descendants.
The surviving husband or wife shall also be entitled to an estate
for life, in one-third of the land of the intestate, with remainder
to the child or children of the intestate and their descendants.
2. If the deceased have no child or children, or their
descendants, then the surviving husband or wife shall be entitled
to all the personal estate, and to one-half of the lands of the
intestate, without remainder to any person, and the other half
shall pass and be inherited according to the rules of descent and
distribution; provided, however, that if the deceased has neither
surviving father nor mother nor surviving brothers or sisters, or
their descendants, then the surviving husband or wife shall be
entitled to the whole of the estate of such intestate.
