Many articles discuss the issue of stepchildren rights as heirs of intestate stepparents. Others discuss a stepmother's rights as heir of a deceased intestate husband. My question relates to an adult male intestate Texas decedent with brothers, sisters, and a stepmother alive at the time of his death. His wife, his mother, and his father pre-deceased him. He had no children. Does the stepmother have any heirship rights to his property (she died prior to property distribution)? Or should his property simply be split among the siblings? And if a sibling alive at the time of his death dies before the property is distributed, is that sibling's share passed to the heirs of the deceased sibling?
You are going to need the assistance of a probate attorney to work this out.
The statutory rules related to intestate succession are located at Sections 201.001 through 201.003, of the Texas Estates Code. You can access all Texas statutes at https://statutes.capitol.texas.gov/ or https://codes.findlaw.com/tx/
Put together a family tree with all the parties and their relationship to each other. A stepmother has rights to the estate and, if there was real estate, my have the right to stay there for life -- called a life estate.
With a family tree in hand, I believe a attorney who handles probate matters can help you find a solution.
Also, put together an inventory. Get deeds if there is real property and the tax records from the Appraisal District. This doesn't have to be perfect or complete, just a place to start. The inventory is usually the hardest part of an estate. The sooner you start, the easier it will be. See an attorney. You cannot file a probate in Texas without an attorney. Depending on the size of the estate, there may be other alternatives to a formal probate.
I have practiced law for over 40 years and currently reside in Colorado. I am licensed to practice in Texas and Colorado. For the most part, I practice in the area of estate planning, which includes drafting wills and powers of attorney, guardianships, probate, real estate, and related issues. My response to your question does not create an attorney-client relationship with me or any attorney. My response is based on the information provided.
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