My father has passed and the probate is in process, but I’m confused about how the percentage levels of heirship are done. With a surviving spouse, two previous unions’ descendants of legal age, and one descendant with spouse legal aged. With deceased sole owner of one real property and one mineral rights both acquired by inheritance, not joint industry, how does the percentages breakdown? I’m confused by online information and literally everyone has different numbers. I am grateful for any help available! Thank you.
Talk to the executor or the attorney handling the estate. If they are good ones, they can draw out a diagram for you.
Did he have a will? Was the property in joint tenancy at the time of death? If not, the surviving spouse gets one-third and the surviving parents and children get the remainder.
He died intestate married to his 3rd wife with 2 descendants of the 2nd marriage and 1 descendant from the 3rd, all of them are of legal age and legal heirs by my understanding. All real property was acquired by inheritance from his mother and solely in his name at the time of death. The estate’s personal representative is the 3rd spouse who is not forthcoming with any information.
Intestate rules will need to be followed. You may need legal eyes to make sure they are followed correctly.
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Yes ma’am Ms. Barnes, will do. A small follow-up question, are mineral rights treated the same way as say a house on a piece of land when it’s inherited and not from joint industry (or what the legal term for they acquired it together is)?
If your father inherited the minerals or purchased them before marriage, then it would be extremely unlikely that a spouse could successfully claim joint industry rights.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
Thank you Mr. Winblad, I appreciate the distinction. Merry Christmas.
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