My grandfather died with no will. The heirs have been determined and approved by the court as being my grandmother my 2 uncles and my 2 brothers in I since our father preceeded my grandfather in death. My grandfather inherited rental properties about 8 years before he died from his employer who left him everything. I have been told that that property is considered seperate property. If it is concluded to be seperate property as our lawyer states then it would be divided in 3rds : 1/3 to my grandmother and the remaining 2/3 to his 3 children. I have also been told that this is incorrect because this seperate property was gained through an inheritance soley to him it should only go to his children not his spouse. Which is correct and should I hire my own representation?
Because there was no Will, the Texas intestate laws would apply. Under those laws, if you are survived a spouse and children, your surviving spouse is entitled to one third of your separate personal property and only a life estate (the right to use the property until his or her death) in one-third of your separate real property. The rest would be inherited outright by the children of the deceased spouse. A probate lawyer can help you understand how this would work and avoid some potential for bruised relations with your grandmother.
*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.
Your grandfather's children and the descendants of his deceased child (you being one of them) inherit all of the separate real property subject to a 1/3 life estate interest held by your grandmother. This division should be reflected in the Heirship Judgment. The life estate interest will end at your grandmother's death.
This answer is not intended to create and attorney/client relationship.
Ms. Boates answer points you in the right direction. You may want to consult your own attorney for peace of mind.
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