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Are half siblings entitled to an estate if there are no present heirs?
My brother died suddenly with no heirs to his estate. We have one half-sister who has been out of contact with us for several years. Our parents have been deceased. Would the half- sister be entitled to any of the estate? We are all residents of Texas.
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Answers (1)
It is important to know if your brother died and left a will. If he did not, it is categorized as dying “intestate” (without a valid will). If that’s the case, the next issue that needs to be addressed is determining whether the deceased’s property is separate or community. Given that your brother has no heirs, his property is considered as separate.
When a person dies intestate, the Laws of Intestacy control who inherits the person’s estate. The Laws of Intestacy are actual laws passed by the Texas legislature that determine who inherits what based on the family circumstances at the time of death. If there is no surviving parent, under Texas state law, the brothers and sisters divide one-half of the land.
In Texas, no matter how remotely related one is to a person who dies without a will, potentially he or she is an heir-at-law.
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Posted by Linda Adams on 21 Jan 2010
1 person found this useful
(3 Votes)