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What happens to a person's estate when they pass away without a will in Texas?


My dad is not expected to live, but most of his estate, home & vehicles, are jointly shared with his living spouse. However, he is now in a coma and never wrote a will.

Things owned as joint tenants go directly to the survivor. Things held in trust go to directly to the beneficiary. Insurance proceeds go directly to the beneficiary. Everything else will be handled by a probate court, in accordance with the laws of intestacy. Ordinarily, the suriving spouse gets it all, but in some cases the spouse and the kids share the estate.

My husband died without a will and what happened was he had me as beneficiary of the stocks he held but his vehicle was in his name as he had bought it before we married. My lawyer told me that I owned one half of the vehicle and his children owned his half but that as I had no vehicle of my own I could keep it but if I sold it or traded it in for another one then I would have to give up half it's value. Our home was mine before marriage and no one could touch it. When you say "living spouse", were they married or just living together? If they were just living together with nothing in both their names then I don't think his live-in spouse has any rights. I could be wrong but if they were legally married then she will inherit everything. If your step-mother decides to sell his property then she will have to give you his half. By the way, we live in Texas. I hope this helps.

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