Descent Distribution

When a person dies intestate (without a Will), Texas's laws of descent and distribution determine who receives the decedent’s property by default. Typically the distribution is to the decedent’s spouse and the children, or if none, to other family members. Disputes frequently arise when a person shows up out of the blue, claiming to be the spouse or distant family member of the decedent. For example, Mrs. Smith dies. Her husband has a long term relationship after her death with another woman unbeknownst to Mrs. Smith’s children. When Mr. Smith dies without a Will, the children expect to inherit his estate through descent distribution, but the longtime companion shows up and claims the estate proceeds because she is the late Mr. Smith’s second wife. The children challenge her claim in probate court claiming they were never husband and wife.