A family allowance is a portion of a decedents estate that is set aside for certain family members regardless of what the will says.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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There is a strict time limit within which an eligible individual can make a claim on the estate. This is six months from the date that the grant of probate was issued. For this reason, executors are advised to wait until this period has lapsed before distributing any of the estate to the beneficiaries.
An estate may be exempt from the probate process in certain circumstances. Under Texas Estates Code, Title 2, Chapter 205, an estate need not pass through the probate process if there is no will and the total value of the estate (not counting any homestead real estate owned by the Decedent) is $75,000 or less.
Secured creditors generally have six months from the executor's appointment, or four months after their receipt of the notice from the executor, to file their claim against the estate. After this time limit, any claim submitted will be barred, meaning that the creditor will be unable to sue the estate.
In intestate succession, spouses inherit first, then children, then parents and siblings. Stepchildren do not automatically receive a share of the estate unless the decedent legally adopted them. Grandchildren only inherit when the decedent's children are not alive to receive their share of an inheritance.
The state divides separate personal property between your spouse and your children, with two thirds afforded to all the children and the leftover one third going to the spouse. Separate real property is divvied out in the same manner, but once the surviving spouse dies, real property is transferred to the children.
The parents' self-acquired property can be given to anyone they want through a written will. However, if they die intestate, I.e. without a will, the children being Class I heirs have a first right to their property. If, on the other hand, the children are minors, they do own the property but cannot legally manage it.
A family allowance in Texas probate is an amount payable from the decedent's estate, necessary for the maintenance of the surviving spouse, the decedent's minor children, and the decedent's adult incapacitated children for one year after the date of the decedent's death.
(b) A personal representative holding a claim against the decedent shall file the claim in the court granting the letters testamentary or of administration, verified by affidavit as required in other cases, within six months after the date the representative qualifies, or the claim is barred.
All of your estate would pass to your siblings or their descendants if you have no surviving parents. If you have no surviving parents, siblings, or descendants of siblings, then the estate will be divided into two halves. One half will pass to relatives on your mother's side.
Each surviving child gets 1/3 of the estate. Your two grandchildren would divide their deceased parent's share equally.
