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[lundie]

maybe this is a better question and if you could get me a source link it would be great. I was told by two separate attorneys that in TX the community property laws changed. Now when a spouse dies the community property goes to the surviving spouse automatically unless otherwise stated in a will. Before this, I was told the property went to the children. Is that true? Doesn't make sense to me as the property pertains to spouses not children. that is my issue. Mom had kids from a previous and married guy. mom dies and her 50% half of the community property (House) went to the kids. Pretty raw deal as the kids didn't pay for it but lay claim to half.

[urian27]

The attorneys are correct. The law was change in September 1, 1993. The link below provides a detailed outline regarding Texas intestate succession. Intestate succession is frequently a "raw deal" as you put it. That's why it's so important to have a properly drafted will.

http://www.professorbeyer.com/Articles/Intestacy_Texas_Basics.htm

Here's the relevant passage with regard to your question:

"If all of the deceased spouse’s surviving descendants are also descendants of the surviving spouse, then the surviving spouse will own all of the community property, that is, the surviving spouse retains his or her one-half of the community and inherits the other half. Note that for spouses dying before September 1, 1993, the deceased spouse’s one-half of the community property was not inherited by the surviving spouse. Instead, the deceased spouse’s share passed to the deceased spouse’s descendants."

As an aside, you already asked this question to two attorneys. Yet instead of trusting the advice of attorneys you paid for, you would rather rely on the advice of strangers online? That seems very strange to me. Attorneys have a duty to their clients; strangers on Yahoo Answers have absolutely no duty to you.

What if I incorrectly told you the attorneys were wrong, and pointed you to a link with incorrect information? For your own good, you should either learn to trust your attorneys, or hire new attorneys you can trust.