Re: Texas Estate & Will question

On 27 Aug 2006, kauboyz@xxxxxxxxx wrote:

My father in law just passed away with no will
and 63 acres of land with House, which he owns
outright . . . . [which he] purchased . . .2 years
after he divorced his first wife . . . and two years
before he met his current wife. * * * He
leaves a wife (his second) and 4 children. So -
I believe the wife will get 50% of the estate with
12.5% going to each of the children.

You don't here make clear whether the percentages of your above "So,
etc." you say you "believe" will apply are correct (the quotation
marks of course intended to underscore that you relatedly neglect to
state the statutory basis for your said belief) because you appear to
suggest that the land and house in question are not "community
property" yet also don't say whether the deceased had given or sold
any part of his pre-marital property to his wife before he died (and
so the actually pertinent "so" in this respect remains that you don't
make clear whether any part of the deceased's real property and
personal property is not also "community property") and also don't say
whether any of the four children to whom you refer are also children
of his surviving wife -- i.e., compare Tex. Probate Code §§ 38(b)(1)
and 45.

If all of the family members decides to sell
the estate and their share except one - what
happens if one holds out?

Whatever may be the actual percentage entitlements of the persons to
whom you refer, even if you were correct to assume, as you apparently
do, that the intestate administrator is obliged to distribute an
interest in the land in question, as such, there would presumably be a
right for those wanting to sell to sue if need be for partition.

But this question, too, suffers from your apparently making that very
assumption at the same time that you do not answer whether the
estate's intestate administrator, whether on his or her own or, if
s/he so decides, by leave of the court, might not just sell the land
and house and distribute the net proceeds in cash or cash-equivalent
to the intestate distributees (after answering that "community
property":yes?/no? and, hence, what shall be the correct distributive
percentages questions).

.

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