回复：谢谢回复！我不太懂probate的法律手段，不过是在德州，好像自然而然的是夫妻双方共享，

Sec. 45. COMMUNITY ESTATE.  (a)  On the intestate death of one of the spouses to a marriage, the community property estate of the deceased spouse passes to the surviving spouse if:

(1) no child or other descendant of the deceased spouse survives the deceased spouse;  or

(2) all surviving children and descendants of the deceased spouse are also children or descendants of the surviving spouse.

(b) On the intestate death of one of the spouses to a marriage, if a child or other descendant of the deceased spouse survives the deceased spouse and the child or descendant is not a child or descendant of the surviving spouse, one-half of the community estate is retained by the surviving spouse and the other one-half passes to the children or descendants of the deceased spouse.  The descendants shall inherit only such portion of said property to which they would be entitled under Section 43 of this code.  In every case, the community estate passes charged with the debts against it.

 

所有跟帖： 

• 知道了，也就是说不管有没有婚前的遗嘱，朋友和她lg的儿子都各得一半。 -sac- ♀ (60 bytes) () 07/18/2011 postreply 13:13:18

• No, that's not right. -CyberCat- ♂ (653 bytes) () 07/18/2011 postreply 13:48:41

• 非常感谢！illegality in the probate一般指什么呢？ -sac- ♀ (0 bytes) () 07/18/2011 postreply 14:24:19

• The probate was not done -CyberCat- ♂ (207 bytes) () 07/19/2011 postreply 07:18:43

• 回复：well, any will involving community property needs both signat -有感而发- ♂ (162 bytes) () 07/18/2011 postreply 17:51:36

• The will would NOT be void or voidable -CyberCat- ♂ (150 bytes) () 07/19/2011 postreply 07:22:27

• 现在基本清楚了。再次感谢！！ -sac- ♀ (0 bytes) () 07/19/2011 postreply 12:40:43