Estate Distribution In Texas

Summary

In Texas, child support arrears are prioritized as debts and can be collected from the deceaseds estate. As a surviving spouse, you may be entitled to a portion of the community property, but this is subject to intestate succession laws and the settlement of debts. Consulting a probate attorney is advisable for specific guidance.

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MY HUSBAND RECENTLY PASSED AWAY. HE OWED CHILD SUPPORT ARREARS. TWO DAYS AFTER HE PASSED AWAY, THE EXECUTOR OF MY LATE MOTHER IN LAWS ESTATE, SENT A $*,* PAYMENT TO THE OAG. THAT MONEY SHOULD HAVE WENT TO HIS ESTATE, CORRECT ?? ALSO, AM I ENTITLED TO ONE THIRD SHARE AS HIS SURVIVING SPOUSE??
I'm really sorry to hear about your loss. In Texas, child support arrears are considered a debt of the deceased, so they may be collected from any estate assets. Regarding your share as a surviving spouse, Texas law generally entitles you to a portion of the community property.
- Child support arrears can be collected from the deceased's estate.
- Surviving spouses in Texas may have rights to community property, but specifics depend on the estate plan and property classification.
Was there a will or estate plan in place for your husband?
NO, HE DIDNT HAVE A WILL. S, I SHOULD BE ENTITLED TO ONE THIRD ?? I LIVE IN TEXAS . DOES MY ONE THIRD COME BEFORE OR AFTER THE CHILD SUPPORT LIEN ??
I'm sorry to hear about your situation. In Texas, if your husband didn't leave a will, the estate is divided according to intestate succession laws. Here's how it generally works:
- As a surviving spouse, you are entitled to a portion of the community property.
- Child support liens are considered debts and are typically paid before any distributions to heirs.
It's advisable to consult with a probate attorney to get specific guidance on your situation. Would you like assistance connecting with a local lawyer?
HELLO?
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I'm here to help. In Texas, debts like child support are prioritized in the distribution of an estate. It's possible that after these debts are settled, there might not be remaining assets. Would you like to be connected to local lawyers who can better assist you with your case?