Intestacy

How Property Distributed When Someone Dies Without A Will

What are the Inheritance Rights of Half Siblings When Someone Dies Without a Will?

by Rania Combs

An unmarried man died without a Will. He had no children and both his parents died before him. But he did have two siblings: one brother and one half-sister.

According to the intestacy statutes, this situation would result in his estate being distributed to his siblings. But is the half-sister entitled to inherit an equal portion of the estate as his brother?

In Texas, the answer is no.

According to the Texas Estates Code, the half-sibling would inherit only half as much as that inherited by the full sibling. So in this case, the brother would inherit two-thirds of the estate, while the half-sister would inherit one-third of the estate.

What if the unmarried man only had two half-siblings? In that case, both half-siblings would inherit an equal share of the estate.


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Comments

  1. Hector Hernandez

    December 28, 2017 at 5:23pm

    Rania,
    My father passed leaving behind his wife and four children. Two with the wife and two with a prior marriage. He did not leave a will. As far as I can remember he would always tell us that everything he has belonged to all four of us. He did not leave a will. How would this work?

    1. Rania Combs

      December 31, 2017 at 2:29pm

      The following article discusses how property is distributed when someone dies without a Will: Dying Without a Will: The Texas Intestacy Statutes.

  2. Rita Deddens

    May 8, 2020 at 7:41pm

    If three siblings have the same mother, but two have a different father, is the third sibling still considered a half sibling of the other two?

    1. Rania Combs

      May 13, 2020 at 11:16am

      By definition, half siblings are siblings that only share one parent rather than full sibling, who share two.

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