TEXAS DESCENT AND DISTRIBUTION - Friesland Law Firm

1 TEXAS DESCENT AND DISTRIBUTION (THE LEGAL EFFECT OF NOT HAVING A WILL)SURVIVING SPOUSE S LIFE ESTATE IN 1/3 CHILDREN TAKE EQUALLY SUBJECT TO LIFE ESTATE1/3 TO SURVIVING SPOUSECHILDREN TAKE 2/3 EQUALLYA. SEPARATE PROPERTYREAL ESTATEMARRIED PERSON WITH CHILD[REN]ALL REALTY IS OWNED BY DECEDENT S CHILD[REN] WHEN SURVIVING SPOUSE OTHER PROPERTYB. COMMUNITY PROPERTYREAL ESTATETHERE ARE CHILDREN FROM OUTSIDE OF THE EXISTING MARRIAGE ON THE DATE OF DEATH OF THE DECEASED. CHILD[REN] OF DECEASED CHILD[REN] TAKE THEIR PARENT S SHARE SUBJECT TO OTHER PROPERTYALL SURVIVING CHILD[REN] AND DESCENDANTS OF DECEDENT ARE ALSO CHILD[REN] OR DESCENDANTS OF SURVIVING TAKE 1/2 EQUALLY1/2 RETAINED BY SURVIVING SPOUSEALL OTHER PROPERTYB.

2 COMMUNITY PROPERTYREAL ESTATEONLY APPLIES IF1/2 RETAINED BY SURVIVING SPOUSECHILDREN TAKE 1/2 EQUALLYALL TO SURVIVING SPOUSEALL TO SURVIVING SPOUSEONLY APPLIES IFSINGLE OR WIDOWED PERSONWITH NO CHILD[REN]FATHER AND MOTHER SURVIVING ONLYPARENT AND SIBLINGS SURVIVE1/2 FATHER1/2 MOTHER1/2 BROTHERS AND SISTERSENTIRE ESTATE GOES TO PARENT IF NO SIBLINGS OR THEIR DESCENDANTS SURVIVE [ER] WITH CHILD[REN]CHILDREN EQUALLYOR THEIR DESCENDENTSANY CHILD[REN] TAKE THEIR SHARE SUBJECT TO PERSON WITH NO CHILD[REN] 1/4 PARENT1/4 SIBLINGS OR THEIR DESCENDANTS1/2 SURVIVING SPOUSEREAL ESTATEALL OTHER PROPERTY2. ONE PARENT SURVIVES3.

3 NO SIBLINGS OR THEIR DESCENDANTS4. NO SURVIVING PARENT1/2 SIBLINGS OR THEIR DESCENDANTS1/2 SURVIVING SPOUSE5. NO SIBLINGS [DESCENDANTS] OR PARENTSALL TO SURVIVING SPOUSEB. COMMUNITY PROPERTY: ALL REAL AND PERSONAL PROPERTY IS TAKEN BY SURVIVING SPOUSEA. SEPARATE PROPERTY REAL ESTATEALL OTHER PROPERTYCHILDREN EQUALLYOR THEIR DESCENDENTS1/4 FATHER1/4 MOTHER1/2 SURVIVING SPOUSE1. PARENTS SURVIVE1/2 PARENT(S)1/2 SURVIVING SPOUSEALL TO SURVIVING SPOUSEC aveat: See, TEXAS Probate Code 42, Inheritance Rights of Illegitimate Children; and, 47(a), Heirs Required Survival by 120 FATHER OR MOTHER