Texas Estate Family Allowance

Summary

In texas, family allowance supports surviving spouses and minor children during estate administration. Without a will, intestacy laws apply. An interested person in an estate can include various individuals, not just the spouse. If your husbands only asset was his share of his mothers estate, it may complicate matters. Consider seeking legal aid services in texas for free or low-cost assistance.

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SO, I WAS JUST TOLD IN AN EMAIL THAT BECAUSE IM NOT THE SPOUSE IN THE DECEASED ESTATE, IM NOT ENTITLED TO A FA. MY HUSBAND RECENTLY PASSED AWAY, I WAS REQUESTING FA FROM HIS SHARE HE WAS TO RECEIVE FROM THE ESTATE. ?????
I'm sorry to hear about your situation. In Texas, estate distribution typically follows the will or state intestacy laws if there's no will. Surviving spouses often have claims, but specifics can vary. Could you clarify what "FA" refers to, and if there was a will?
FAMILY ALLOWANCE
In Texas, the Family Allowance is a provision for the support of a surviving spouse and minor children during the administration of an estate. Here are some key points:
- Eligibility: Generally, surviving spouses and minor children are eligible.
- Purpose: It covers living expenses during estate administration.
- Will: If there's a will, terms might affect the allowance.
Was there a will or any other estate plan document?
MY HUSBAND HAD NO WILL. HIS ONLY ASSET WAS HIS SHARE OF HIS MOTHERS ESTATE.
In Texas, if your husband had no will, his estate would be subject to intestacy laws, which dictate how assets are distributed when there's no will. Typically, as his surviving spouse, you would be entitled to a portion of his estate. However, if his only asset was his expected share from his mother's estate, it might complicate things. Here are some points to consider:
- Intestacy laws: Determine the distribution of assets when there's no will.
- Family Allowance: You may still be eligible for a family allowance during estate administration, depending on circumstances.
- Inheritance Rights: Your right to your husband's expected inheritance may depend on how his mother's estate is structured.
It might be beneficial to consult with a probate attorney to explore your options. Would you like assistance connecting with a local lawyer for a more detailed consultation?
I CANT AFFORD A ATTORNEY. IM ONLY TRYING TO GET A FAMILY ALLOWANCE FROM HIS SHARE ,
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In Texas, a Family Allowance is meant for the support of surviving spouses and minor children during estate administration. Since your husband had no will, his estate might be subject to intestacy laws, affecting your entitlement. You might want to explore legal aid services in Texas that offer free or low-cost assistance for such matters. Would you like guidance on finding these services?
OK , DOES AN INTERESTED PERSON IN AN ESTATE HAVE TO BE SPOUSE ONLY TO THE DECEASED ????
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In Texas, an "interested person" in an estate can include various individuals, not just the spouse. Interested persons may include beneficiaries named in a will, heirs under intestacy laws, creditors, or others with a potential legal claim or interest in the estate.
If you have more questions, feel free to ask!