Community & Separate Property Inheritance in Texas

What Is A Texas Homestead?

Introduction

When a person dies who owns a home and has a spouse or dependent children, Texas limits how the owner can dispose of the home. This article will discuss the basics of the Texas homestead and what rights a surviving spouse or dependent children have.

Texas Homestead

A homestead is defined in the Texas Constitution and in the

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Learn about oil & gas inheritance laws in Texas

Learn about oil & gas inheritance laws in TexasLand in Texas has two parts or estates, the surface estate and the mineral estate. In states where there is a lot of activity concerning minerals, like Texas, the two estates are usually severed so that one person owns the surface and one owns the minerals. This is typically done when the land is sold and the seller sells the surface but retains the minerals. Over time, the two estates are sold or passed by inheritance so that the surface owner, who may be on the land everyday and may live there, knows nothing about the mineral owner who may be a corporation or a person who lives out of state.

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Gift Deeds in Texas

Gift deeds in TexasGift deeds are valid in Texas but there are requirements above and beyond what is required of a normal deed. A gift deed is a document that transfers title to land. It can be informal but the intent of the grantor must be to immediately divest himself of the property. I have written about gift deeds in Texas on my blog. You can read about them here.

If there is a question about whether you have a valid gift deed or someone is claiming they have a gift deed to property that you own, you should contact an attorney as soon as possible.

Learn about Joint Accounts and Inheritance in Texas

Learn about Joint Accounts and Inheritance in TexasIn Texas, joint accounts are accounts, usually with a financial institution, where more than one person has rights to the account.  Deciding what those rights are is a problem often faced in contested probate cases. Are they survivorship accounts where the survivor gets all of the account and the money does not got through a will or probate? Or, are they non-survivorship accounts where the money does not go to the survivor but passes through the will and through probate?

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Mineral Interests Overview In Texas

oil 106913 640In Texas, an instrument conveying land transfers both the surface estate and all minerals and mineral rights, unless the instrument contains a reservation or expresses a contrary intention. In many cases, a person will sell land but will reserve the minerals. That creates two estates, the surface and the mineral estate. I have written about that here.

The mineral estate is comprised of five severable rights: “1) the right to develop, 2) the right to lease, 3) the right to receive bonus payments, 4) the right to receive delay rentals, and 5) the right to receive royalty payments.”

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Kind of Texas Property that is Inherited if You Die Intestate.

Kind of Texas Property that is Inherited if You Die Intestate.What property is inherited by your heirs in Texas if you die intestate (without a will or with a will that has been set aside because of a suit contesting the will) depends on what kind of property you have at your death. There are two kinds of property that are relevant to probate: probate property and non probate property. Non probate property includes joint accounts with right of survivorship, life insurance policies, retirement funds, IRA's, and any other account where you designate a beneficiary when you create the account. When you die, if you did not name your estate as the beneficiary, the property does not go to your estate to be distributed to your heirs, rather, it goes to the beneficiary or beneficiaries that you designated when you created the account. 

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Robert Ray is Board Certified

Robert Ray is the Editor and owner of this site. Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization.

We handle cases throughout Texas. Our principal office is in Tyler, Texas.

Robert Ray, Texas inheritance attorney.Click here to email us or to go to the contact form if you want to contact us about a Texas inheritance dispute.

Robert Ray is Board Certified

Robert Ray is the Editor and owner of this site. Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization.

We handle cases throughout Texas. Our principal office is in Tyler, Texas.

Robert Ray, Texas inheritance attorney.Click here to email us or to go to the contact form if you want to contact us about a Texas inheritance dispute.

Inheritance Updates

blogInteresting inheritance news on our blog, take a look blog.