The Dallas Divorce Attorney: Division of Property: Inheritances and Property in Probate

Posted on | October 7, 2012 | No Comments

The Division of Property: Inheritances and Property in Probate

I have had a few clients come to me recently who have asked whether property that is still in probate needs to be disclosed in their divorce. The question often arises because they are worried that disclosing this property may result in the Court awarding them less property in a final disposition, or because they don’t want their spouse going after the property. In Texas, the Texas Family Code characterizes “property acquired by gift, devise, or descent”, as separate property. This means that the property is not part of the community property subject to a division upon divorce. Therefore, a spouse does not have any community property rights to property that is acquired by those methods and the community property is subject to a just and right division.

This brings the next question, what if someone has died leaving me property that is currently in probate, does that property need to be confirmed as separate property? My answer is yes, the reason being that under the Texas Probate Code legal title to property vests in the beneficiaries upon the death of the decedent. This rule applies to the beneficiaries of a decedent who dies intestate and testate (with or without a will). There is a lot of legal jargon in this blog post, but the fact is, when a person dies, you better start protecting your property immediately by having petitioning the Court to recognize it as separate property and not community property. I hope this article has been helpful. If you have more questions, contact The Wright Firm, L.L.P. at www.thewrightlawyers.com or call us at 972-353-4600 to set up a consult with one of our attorneys.

Texas Probate Blog

The Wright Firm, LLP

The Dallas Divorce Attorney: Division of Property: Inheritances and Property in Probate

Comments

Categories

Blogroll

Archived Posts

Recent Posts

Subscribe