[Hamdierol]

Hi,

My grandmother died a couple of months ago in Ft.Worth, Texas. She was an American citizen and she left a house, personal belongings and some money behind in a bank account. Her living descendents are my Uncle who lives in her house with his family currently and the 3 children (myself, my little brother and sister) from her daughter who has passed away 5 years ago and our father. We the 3 children live in different parts of the world. I am a turkish citizen and live in Germany, my brother and father are also turkish and live in Turkey and my sister who is an American citizen lives in San Antonio, Texas.

My question is what are we legally entitled to inherit from her? As far as I know there is no will that she has written. But if there was would that make a difference in front of the law. As I am not familiar with American estate law I would appreciate if you could enlighten me on the subject or recommend some text for self education.

Thank you very much,

Hamdi Erol

[ScottGem]

If there is no will, then the estate is divided among her surviving children. So I assume she had 2 children, your mother and your uncle. Since your mother is also deceased, I believe your uncle inherits everything. See Texas Probate Code § 38(a)

[ebaines]

ScottGem - I must disagree. If the grandmother died intestate and with no living spouse then her assets are divided between her children and their descendants. In this case the son gets half and the children of her daughter together split the other half. See: Intestate Succession -- Texas and http://www.mystatewill.com/statutes/tx_law.htm

The fact that you are a non-citizen has no impact on this.

[ScottGem]

ScottGem - I must disagree. If the grandmother died intestate and with no living spouse then her assets are divided between her children and their descendants. In this case the son gets half and the children of her daughter together split the other half. See: Intestate Succession -- Texas and MyStateWill.com | Texas Intestate Laws

The fact that you are a non-citizen has no impact on this.

I can see where you are coming from. Frankly, I think the Texas statute is very unclear here. The key is here:

To his children and their descendants.

The bolding is mine. The use of AND does seem to imply sharing the estate. But how far do you go? If the deceased had great grandchildren, do they all get a share?

In most other states, the distribution is hierarchical. Distribution is done level by level. So if there are surviving children, then the children share. If there are no surviving children, then the distribution is done on the next level. Hence my interpretation. The thing is the Texas statute is mum on this point.

[AK lawyer]

... But how far do you go? If the deceased had great grandchildren, do they all get a share?
...

Read on. Section 43 is consistent with what Ebaines is saying. It reads, in pertinent part, "... and, when a part of them being dead and a part living, the descendants of those dead shall have right to distribution upon intestacy, such descendants shall inherit only such portion of said property as the parent through whom they inherit would be entitled to if alive."

Thus, per your hypothetical, the greatgrandchildren would indeed get shares if their parent, a grandchild of the decedent, would otherwise stand to inherit but is no longer living.

[ScottGem]

OK I see that now

[cdad]

I agree the estate goes in a 50/50 manner being that the grandmother had 2 children. So in theory the children get what comes from 1/2 of the estate.


For those following this thread here is a link to the law as it reads.

Text of article effective until January 01, 2014Sec. 43. DETERMINATION OF PER CAPITA AND PER STIRPES DISTRIBUTION. When the intestate's children, descendants, brothers, sisters, uncles, aunts, or any other relatives of the deceased standing in the first or same degree alone come into the distribution upon intestacy, they shall take per capita, namely: by persons; and, when a part of them being dead and a part living, the descendants of those dead shall have right to distribution upon intestacy, such descendants shall inherit only such portion of said property as the parent through whom they inherit would be entitled to if alive.


Ref:
PROBATE CODE  CHAPTER II. DESCENT AND DISTRIBUTION

[kcomissiong]

Just to clarify for the OP... all of the previous rights of inheritance only apply if she died intesteate, or with no will. If there is a probated will, it specifies who gets what.

[Hamdierol]

Thank you all very much for taking the time in answering my specific case. I feel much better informed now.

Cheers,