texas descent and distribution (the legal effect of not having a will) surviving spouse’s life estate in 1/3 children take equally subject to life estate 1/3 to surviving spouse children take 2/3 equally a. separate property real estate married person with child[ren] all realty is owned by decedent’s child[ren] when surviving spouse dies. Graphical Depiction of Texas Intestate Descent and Distribution (For Decedents dying prior to September 1, 1993) Married Person with No Children Separate Property Personal Property Real Property Real Property Both Parents Survive One Parent Predeceases Siblings Survive Siblings Survive Real Property Real Property Real Property

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