My father-in-law recently passed away without a will. The only asset is their house, bought together, a death grant from his employer equal to his salary in his last year of employment (about 48K). I have 3 half-brothers. Will they receive half of the employer`s death benefit? And if we sell the house, are they entitled to half of the product? You said they want my mother to have everything, but I guess we should get it in writing? Thank you for any help. It depends on the type of assets contained in the estate. All assets in the estate may consist of assets unrelated to the estate, such as insurance policies and pension plans. These assets go through the designation of beneficiary outside the will, without the need for an inheritance. If the estate contained assets that require succession, the type of procedure depends on the size of the estate. An affidavit for small estates may be all that is needed for small, simple estates, while a determination of the succession procedure may be required for larger and more complicated estates.

We`re in Florida right now and my husband is considering going back to Texas. If we make a will here in Florida, should we change the will when we move to Texas, or just leave it? Thank you very much. Chapter 205 of the Texas Estates Code allows legal heirs (distributed) of a person who died without a will (i.e., died without a will) to file a small affidavit with the court as an alternative to probate proceedings. In order for distributors to file the affidavit for the small estate, the following must be true about the estate: My husband and I have a child together and he has two children from a previous marriage. I understand that in Texas, if it exists, I get 1/2 and the three children are divided 1/2 equally. What I don`t understand is what happens if I die first without a will? Can he keep 1/2 and then the other 1/2 goes to the child we have together, or does it go to his three children or can he keep everything since the three children are his biological children? An heir to the throne is any person who has the right to inherit from a person who dies without leaving a will and will or other estate plans. This status can be an important factor, not only in settling an estate, but also in determining who might have the right to challenge or contest a will if the deceased leaves a will. If someone dies without a will, the Civil Intestate Act regulates.

If the deceased person was not married and had three surviving children, the children would be the heirs. The Texas DMV has an affidavit of inheritance for motor vehicles that can be used to transfer ownership of a vehicle to heirs. The heirs could then transfer ownership of the vehicle to whomever they wish. My brother passed away almost 4 years ago. He had a surviving spouse and 1 child. He had a house he bought before he got married, and it`s still not paid. My parents lived in the house and paid mortgages and taxes on the house when my brother and his wife bought a new house together. After his death, I moved into the house to continue paying the mortgage. His wife doesn`t really care or want responsibility for this house. All mortgage statements are under my brother`s “estate”. I would like to know what will happen to this house, because his surviving wife has done nothing to claim it and seems to have no interest in it.

Is there anything we can do? Parents or sisters? My father died without a will. He and my mother have a house with two names that they still owe. My two sisters and I want her to keep the house. Because there is no will, do we still have to take estates? If so, can we just go to the district clerk`s office and allow the judge to give mom the house? None of us would deny it, we want her to have it. This is the only property he had. We live in Texas. Thank you! When a loved one dies without leaving a will, also known as intestate, family members must apply for inheritance from the probate court responsible for distributing the deceased`s property. In addition to receiving and considering applications for succession, the probate court will also determine whether there are unknown heirs with rights to the deceased`s property. Heirs can also make an affidavit of inheritance, which is a legal document in which you swear that you are the rightful heir to the deceased`s property. By obtaining an affidavit of inheritance, an heir can prevent the property from being heard by a probate court. A court in charge of succession proceedings will appoint an independent lawyer to find out the identity of the unknown heirs. However, if your descendants have different levels of relationship (meaning that some of your children survive while others die before you, leaving behind children or grandchildren), the younger generation will only inherit the share that the older generation would have received if they had survived.

Some companies specialize in finding and identifying the next of kin and heirs, and sometimes a simple review of the deceased`s personal records can provide clues. If the three children are survived by their other parent, the other parent is the natural guardian. If they do not survive a parent, but the mother has signed a guardian, the designated person will likely be the guardian, unless a court deems them inappropriate. Otherwise, a court will appoint a guardian for the children. Part of the property of the deceased (the deceased) can pass without the need for a formal homologation procedure. Methods include affidavits for small parcels of land, affidavits of inheritance, declarations of inheritance for mobile homes, and applications for determination of heirs. Hi Rania, I came across your site and you have very useful information. I have a question, I married my spouse in 2005 and bought a house in 2007, but my name is the only one on the certificate. We separated 2 years ago and I recently received full custody of my children. I intend to divorce, but I don`t have all the money at this point.

I want to write a will in which I say that if something were to happen to me, I want my children to keep the house and everything under my name. When her mother left the house 2 years ago, she took everything in the house and sold it, including the things that belong to our children. That`s the only reason I want to make sure my kids inherit everything I leave them. Thank you in advance for your time and response. The affidavit is filed (“registered”) in the county where the deceased`s real estate is located along with the records of deeds. It does not transfer ownership of real estate. .