Estate question.... No will and grandfather passed away

[frankgomez75]

My grandfather was remarried to a woman who had 4 children.
He died some years back without a will.
He left a house behind that was paid off.
The step-grandmother passed away too and left the house to one of her children.
My mother was his only child.

Is my mother entitled to anything?

 

[KLin]

Probably not.

 

[thirdeye]

I dunno, but I'd bet it would take a messy lawsuit to get it.

 

[FoBoT]

she probably needs a lawyer. if the $$$ involved is enough, she should get a lawyer

 

[Sphexi]

Most likely not. When he died, his wife got everything since he had no will. When she died, she had a will, so they gotta follow it. If your mom had done something back when he first passed, maybe she could've forced a sale of the house or something, but I doubt it.

 

[frankgomez75]

This is texas... so I thought there might be some property laws that may entitle her to a % of the property value.

 

[DaShen]

Nope, sorry. 🙁

That kind of stuff happens sometimes. That is why when I get married and have kids, that is the first thing I will do is mess with my will evertime an event happens.

**EDIT**
BTW, something similar happened to my family. It all went to my grandfather 2nd wife (my real grandmother had passed away 5 years before). My grandfather was set up with my step-grandmother after a few years of being alone (kids thought he needed companionship and mt step-grandmother was widowed too). She spent the money pretty loosely after he passed. Not that she was a bad woman or anything, but it kind of stirred up a lot of stuff for my relatives. Money is never a good issue after someone's passing. Lesson learned, make a dang will.

 

[DaShen]

Originally posted by: Sphexi
Most likely not. When he died, his wife got everything since he had no will. When she died, she had a will, so they gotta follow it. If your mom had done something back when he first passed, maybe she could've forced a sale of the house or something, but I doubt it.

Pretty much

 

[frankgomez75]

What about Texas Intestacy?

Married Couples
Many married couples assume that each spouse's individually owned property will automatically belong to the surviving spouse if either of them dies without a Will.
In actuality, these laws provide the surviving spouse with just one-half of the deceased spouse's real estate if the deceased has any one of the following living relatives:
Parent, Brother, Sister, Niece, Nephew, Grand-Niece, or Grand-Nephew.
Further, if the deceased spouse has just one Child, Grandchild, or even a Great-Grandchild, these laws grant the surviving spouse with just one-third of the deceased spouse's personal property and a life-estate in just one-third of the real estate. In fact, this applies even if the surviving spouse is not the parent of all these children.

According to the above maybe she has a chance? What do you guys think...

 

[DaShen]

Originally posted by: frankgomez75
What about Texas Intestacy?

Married Couples
Many married couples assume that each spouse's individually owned property will automatically belong to the surviving spouse if either of them dies without a Will.
In actuality, these laws provide the surviving spouse with just one-half of the deceased spouse's real estate if the deceased has any one of the following living relatives:
Parent, Brother, Sister, Niece, Nephew, Grand-Niece, or Grand-Nephew.
Further, if the deceased spouse has just one Child, Grandchild, or even a Great-Grandchild, these laws grant the surviving spouse with just one-third of the deceased spouse's personal property and a life-estate in just one-third of the real estate. In fact, this applies even if the surviving spouse is not the parent of all these children.

According to the above maybe she has a chance? What do you guys think...

Interesting... try it out. It may not be worth stirring up a lot of legal action though, but at least get some advice, not from ATOT (unless the person is a lawyer from Texas).

 

[JS80]

Originally posted by: frankgomez75
What about Texas Intestacy?

Married Couples
Many married couples assume that each spouse's individually owned property will automatically belong to the surviving spouse if either of them dies without a Will.
In actuality, these laws provide the surviving spouse with just one-half of the deceased spouse's real estate if the deceased has any one of the following living relatives:
Parent, Brother, Sister, Niece, Nephew, Grand-Niece, or Grand-Nephew.
Further, if the deceased spouse has just one Child, Grandchild, or even a Great-Grandchild, these laws grant the surviving spouse with just one-third of the deceased spouse's personal property and a life-estate in just one-third of the real estate. In fact, this applies even if the surviving spouse is not the parent of all these children.

According to the above maybe she has a chance? What do you guys think...

Where'd you find that? If that's true, then she's entitled to 2/3.

 

[FoBoT]

dude, talk to a TEXAS lawyer that specializes in estates

 

[frankgomez75]

Originally posted by: JS80

Originally posted by: frankgomez75
What about Texas Intestacy?

Married Couples
Many married couples assume that each spouse's individually owned property will automatically belong to the surviving spouse if either of them dies without a Will.
In actuality, these laws provide the surviving spouse with just one-half of the deceased spouse's real estate if the deceased has any one of the following living relatives:
Parent, Brother, Sister, Niece, Nephew, Grand-Niece, or Grand-Nephew.
Further, if the deceased spouse has just one Child, Grandchild, or even a Great-Grandchild, these laws grant the surviving spouse with just one-third of the deceased spouse's personal property and a life-estate in just one-third of the real estate. In fact, this applies even if the surviving spouse is not the parent of all these children.

According to the above maybe she has a chance? What do you guys think...

Where'd you find that? If that's true, then she's entitled to 2/3.

Found it on this website Texaswill.net

 

[Sphexi]

Like I said, IF something had been brought up 4 years ago when your grandfather died, she might've gotten something. But then your step-grandmother would've had to have moved, it would've gotten messy, and unless you have a strong dislike for the woman (which you don't seem to) there wouldn't have been any point.

Unless your mother really needs the money, hates the woman for some reason, or some other reason, then there's no real reason to pursue it. She let it sit too long, time to just let it go.

 

[dullard]

Varies by state I suspect.

Generally, states let it go to the latest wife who can then go to her kids. But many states may say the wife only gets a portion.

My mother inherited money and the situation may have a good lesson. Her aunt died in California with a last minute will that left everything to one child (my mom's cousin) and nothing to the rest of her children (also my Mom's cousins). A year later, that child died and left everything to my mother in her will. Well the other children who were left out of the first will sued my mother when they found out that they got nothing after two deaths. They claimed that the first will was not valid and sued for everything. It appeared that they had a strong case (even though the first will existed and had witnesses) and may have won. But my mom settled out of court giving them half. Moral of the story: with or without a will, a lawsuit may get you a good chunk of that house.

 

[Corporate Thug]

talk to these guys

http://www.carringtoncoleman.com/