Texas Intestacy Rules Flashcards
Intestate Succession - Intestate dies and has no spouse
Intestate Succession - Married Leaving Separate Property
Intestate Succession - Married Leaving Community Property
Intestate Succession - Half Blood Siblings
Practice Question 1 - Wilma, a widow, dies intestate survived by her only son, Sammy, and her Father Frank. How is Wilma’s property distributed?
Wilma’s entire estate passes to Sammy.
Practice Question 2 - Harry, a widower, dies intestate survived by his mother, Mary, and his two brothers. How is Harry’s property distributed?
½ of Harry’s estate passes to Mary. Bruce and Bob each receive ¼.
Practice Question 3 -
Husband (H) and Wife (W) have three children, Amy (A), Brad (B), and Charles (C). All three children are married and have children of their own. A has one child, Mike (M). B has three children, Nancy (N), Opie (O), and Pat (P). C’s children are Robert (R) and Susan (S). H died intestate with both community and separate property. In addition, H owned real and personal property of each type.
a. How would H’s property be distributed?
Husband (H) and Wife (W) have three children, Amy (A), Brad (B), and Charles (C). All three children are married and have children of their own. A has one child, Mike (M). B has three children, Nancy (N), Opie (O), and Pat (P). C’s children are Robert (R) and Susan (S). H died intestate with both community and separate property. In addition, H owned real and personal property of each type.
b. Assume that both B and C predeceased H. How would H’s property be distributed?
Husband (H) and Wife (W) have three children, Amy (A), Brad (B), and Charles (C). All three children are married and have children of their own. A has one child, Mike (M). B has three children, Nancy (N), Opie (O), and Pat (P). C’s children are Robert (R) and Susan (S). H died intestate with both community and separate property. In addition, H owned real and personal property of each type.
c. Assume that A, B, and C predeceased H. How would H’s property be distributed?
Husband (H) and Wife (W) have three children, Amy (A), Brad (B), and Charles (C). All three children are married and have children of their own. A has one child, Mike (M). B has three children, Nancy (N), Opie (O), and Pat (P). C’s children are Robert (R) and Susan (S). H died intestate with both community and separate property. In addition, H owned real and personal property of each type.
d. How would H’s property be distributed assuming that A’s mother is X instead of W.
Husband (H) and Wife (W) have three children, Amy (A), Brad (B), and Charles (C). All three children are married and have children of their own. A has one child, Mike (M). B has three children, Nancy (N), Opie (O), and Pat (P). C’s children are Robert (R) and Susan (S). H died intestate with both community and separate property. In addition, H owned real and personal property of each type.
Assume rather that A’s mother is X instead of W, and that both B and C predecased H. How would H’s property be distributed?
Husband (H) and Wife (W) have three children, Amy (A), Brad (B), and Charles (C). All three children are married and have children of their own. A has one child, Mike (M). B has three children, Nancy (N), Opie (O), and Pat (P). C’s children are Robert (R) and Susan (S). H died intestate with both community and separate property. In addition, H owned real and personal property of each type.
Assume rather that A’s mother is X instead of W, and that A,B, and C predecased H. How would H’s property be distributed?
Question About Debts - When Son died, Sn’s estate was insolvent and two debts remained unpaid. The first debt was a $100,000 loan son owed to intestate, his mother. The second debt was to Visa for $13,452 in unpaid credit card charges. Subsequently, Intestate died survived by Daughter and Grandson (Son’s child). What the ramifications of Son’s two unpaid debts?
Property passes directly from Intestate to the heirs (grandson and daughter). The property is not used satisfy debts of Son because Grandson’s inheritance does not pass through the estate of the deceased intermediary (Son). Thus, Grandson’s share is not reduced, and Daughter’s share is not increased to compensate for the loan Intestate made to Son, which had not been repaid. Likewise, Visa may not claim any of the property passing to Grandson to satisfy Son’s debt.
Texas Rules Regarding Homestead of Decedent
TXEC 102.005 - The homestead may not be partitioned among the decedent’s heirs:
(1) during the lifetime of the surviving spouse for as long as the surviving spouse elects to use or occupy the property as a homestead; or
(2) during the period the guardian of the decedent’s minor children is permitted to use and occupy the homestead under a court order.
TXEC 102.004 - the homestead is not liable for the payment of any of the debts of the estate (with some constitutional exceptions).
