The owner died “intestate”, that is, without a will. TX will have a statute that states who gets the property in that situation. Once you know who gets it, you know who to talk to! Try http://www.capitol.state.tx.us/statutes/pb.toc.htm. See Chapter II, which covers intestacy.
Section 38 of Chapter II says:
§ 38. Persons Who Take Upon Intestacy
(a) Intestate Leaving No Husband or Wife. Where any person, having
title to any estate, real, personal or mixed, shall die intestate,
leaving no husband or wife, it shall descend and pass in parcenary
to his kindred, male and female, in the following course:
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To his children and their descendants.
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If there be no children nor their descendants, then to his father
and mother, in equal portions. But if only the father or mother
survive the intestate, then his estate shall be divided into two
equal portions, one of which shall pass to such survivor, and the
other half shall pass to the brothers and sisters of the deceased,
and to their descendants; but if there be none such, then the whole
estate shall be inherited by the surviving father or mother.
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If there be neither father nor mother, then the whole of such
estate shall pass to the brothers and sisters of the intestate, and
to their descendants.
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If there be none of the kindred aforesaid, then the inheritance
shall be divided into two moieties, one of which shall go to the
paternal and the other to the maternal kindred, in the following
course: To the grandfather and grandmother in equal portions, but
if only one of these be living, then the estate shall be divided
into two equal parts, one of which shall go to such survivor, and
the other shall go to the descendant or descendants of such deceased
grandfather or grandmother. If there be no such descendants, then
the whole estate shall be inherited by the surviving grandfather or
grandmother. If there be no surviving grandfather or grandmother,
then the whole of such estate shall go to their descendants, and so
on without end, passing in like manner to the nearest lineal
ancestors and their descendants.
(b) Intestate Leaving Husband or Wife. Where any person having
title to any estate, real, personal or mixed, other than a community
estate, shall die intestate as to such estate, and shall leave a
surviving husband or wife, such estate of such intestate shall
descend and pass as follows:
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If the deceased have a child or children, or their descendants,
the surviving husband or wife shall take one-third of the personal
estate, and the balance of such personal estate shall go to the
child or children of the deceased and their descendants. The
surviving husband or wife shall also be entitled to an estate for
life, in one-third of the land of the intestate, with remainder to
the child or children of the intestate and their descendants.
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If the deceased have no child or children, or their descendants,
then the surviving husband or wife shall be entitled to all the
personal estate, and to one-half of the lands of the intestate,
without remainder to any person, and the other half shall pass and
be inherited according to the rules of descent and distribution;
provided, however, that if the deceased has neither surviving
father nor mother nor surviving brothers or sisters, or their
descendants, then the surviving husband or wife shall be entitled
to the whole of the estate of such intestate.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
§ 39. No Distinction Because of Property’s Source
There shall be no distinction in regulating the descent and
distribution of the estate of a person dying intestate between
property which may have been derived by gift, devise or descent from
the father, and that which may have been derived by gift, devise or
descent from the mother; and all the estate to which such intestate
may have had title at the time of death shall descend and vest in the
heirs of such person in the same manner as if he had been the
original purchaser thereof.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
§ 40. Inheritance By and From an Adopted Child
For purposes of inheritance under the laws of descent and
distribution, an adopted child shall be regarded as the child of the
parent or parents by adoption, such adopted child and its
descendants inheriting from and through the parent or parents by
adoption and their kin the same as if such child were the natural
child of such parent or parents by adoption, and such parent or
parents by adoption and their kin inheriting from and through such
adopted child the same as if such child were the natural child of
such parent or parents by adoption. The natural parent or parents
of such child and their kin shall not inherit from or through said
child, but said child shall inherit from and through its natural
parent or parents. Nothing herein shall prevent any parent by
adoption from disposing of his property by will according to law.
The presence of this Section specifically relating to the rights of
adopted children shall in no way diminish the rights of such
children, under the laws of descent and distribution or otherwise,
which they acquire by virtue of their inclusion in the definition of
“child” which is contained in this Code.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by
Acts 1989, 71st Leg., ch. 375, § 34, eff. Sept. 1, 1989.
§ 41. Matters Affecting and Not Affecting the Right to Inherit
(a) Persons Not in Being. No right of inheritance shall accrue to
any persons other than to children or lineal descendants of the
intestate, unless they are in being and capable in law to take as
heirs at the time of the death of the intestate.
(b) Heirs of Whole and Half Blood. In situations where the
inheritance passes to the collateral kindred of the intestate, if
part of such collateral be of the whole blood, and the other part be
of the half blood only, of the intestate, each of those of half
blood shall inherit only half so much as each of those of the whole
blood; but if all be of the half blood, they shall have whole
portions.
(c) Alienage. No person is disqualified to take as an heir because
he or a person through whom he claims is or has been an alien.
(d) Convicted Persons and Suicides. No conviction shall work
corruption of blood or forfeiture of estate, except in the case of a
beneficiary in a life insurance policy or contract who is convicted
and sentenced as a principal or accomplice in wilfully bringing
about the death of the insured, in which case the proceeds of such
insurance policy or contract shall be paid as provided in the
Insurance Code of this State, as same now exists or is hereafter
amended; nor shall there be any forfeiture by reason of death by
casualty; and the estates of those who destroy their own lives
shall descend or vest as in the case of natural death.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by
Acts 1969, 61st Leg., p. 1922, ch. 641, § 2, eff. June 12, 1969.
§ 42. Inheritance Rights of Children
(a) Maternal Inheritance. For the purpose of inheritance, a child
is the child of his biological or adopted mother, so that he and his
issue shall inherit from his mother and from his maternal kindred,
both descendants, ascendants, and collaterals in all degrees, and
they may inherit from him and his issue.
(b) Paternal Inheritance. (1) For the purpose of inheritance, a
child is the child of his biological father if the child is born
under circumstances described by Section 160.201, Family Code, is
adjudicated to be the child of the father by court decree as
provided by Chapter 160, Family Code, was adopted by his father, or
if the father executed an acknowledgment of paternity as provided
by Subchapter D, Chapter 160, Family Code, or a like statement
properly executed in another jurisdiction, so that he and his issue
shall inherit from his father and from his paternal kindred, both
descendants, ascendants, and collaterals in all degrees, and they
may inherit from him and his issue. A person claiming to be a
biological child of the decedent, who is not otherwise presumed to
be a child of the decedent, or claiming inheritance through a
biological child of the decedent, who is not otherwise presumed to
be a child of the decedent, may petition the probate court for a
determination of right of inheritance. If the court finds by clear
and convincing evidence that the purported father was the
biological father of the child, the child is treated as any other
child of the decedent for the purpose of inheritance and he and his
issue may inherit from his paternal kindred, both descendants,
ascendants, and collaterals in all degrees, and they may inherit
from him and his issue. This section does not permit inheritance by
a purported father of a child, whether recognized or not, if the
purported father’s parental rights have been terminated.
(2) A person who purchases for valuable consideration any interest
in real or personal property of the heirs of a decedent, who in good
faith relies on the declarations in an affidavit of heirship that
does not include a child who at the time of the sale or contract of
sale of the property is not a presumed child of the decedent and has
not under a final court decree or judgment been found to be entitled
to treatment under this subsection as a child of the decedent, and
who is without knowledge of the claim of that child, acquires good
title to the interest that the person would have received, as
purchaser, in the absence of any claim of the child not included in
the affidavit. This subdivision does not affect the liability, if
any, of the heirs for the proceeds of any sale described by this
subdivision to the child who was not included in the affidavit of
heirship.
(c) Homestead Rights, Exempt Property, and Family Allowances. A
child as provided by Subsections (a) and (b) of this section is a
child of his mother, and a child of his father, for the purpose of
determining homestead rights, distribution of exempt property, and
the making of family allowances.
(d) Marriages Void and Voidable. The issue of marriages declared
void or voided by annulment shall be treated in the same manner as
issue of a valid marriage.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by
Acts 1977, 65th Leg., p. 762, ch. 290, § 1, eff. May 28, 1977;
Acts 1979, 66th Leg., p. 40, ch. 24, § 25, eff. Aug. 27, 1979;
Acts 1979, 66th Leg., p. 1743, ch. 713, § 5, eff. Aug. 27, 1979 ;
Acts 1987, 70th Leg., ch. 464, § 1, eff. Sept. 1, 1987; Acts
1989, 71st Leg., ch. 375, § 35, eff. Sept. 1, 1989; Acts 1997,
75th Leg., ch. 165, § 7.54, eff. Sept. 1, 1997; Acts 1997, 75th
Leg., ch. 1302, § 4, eff. Sept. 1, 1997; Acts 2001, 77th Leg.,
ch. 821, § 2.18, eff. June 14, 2001.
§ 43. Determination of Per Capita and Per Stirpes Distribution
When the intestate’s children, descendants, brothers, sisters,
uncles, aunts, or any other relatives of the deceased standing in
the first or same degree alone come into the distribution upon
intestacy, they shall take per capita, namely: by persons; and,
when a part of them being dead and a part living, the descendants of
those dead shall have right to distribution upon intestacy, such
descendants shall inherit only such portion of said property as the
parent through whom they inherit would be entitled to if alive.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by
Acts 1991, 72nd Leg., ch. 895, § 3, eff. Sept. 1, 1991.
§ 44. Advancements
(a) If a decedent dies intestate as to all or a portion of the
decedent’s estate, property the decedent gave during the decedent’s
lifetime to a person who, on the date of the decedent’s death, is
the decedent’s heir, or property received by a decedent’s heir under
a nontestamentary transfer under Chapter XI of this code is an
advancement against the heir’s intestate share only if:
(1) the decedent declared in a contemporaneous writing or the heir
acknowledged in writing that the gift or nontestamentary transfer
is an advancement; or
(2) the decedent’s contemporaneous writing or the heir’s written
acknowledgment otherwise indicates that the gift or
nontestamentary transfer is to be taken into account in computing
the division and distribution of the decedent’s intestate estate.
(b) For purposes of Subsection (a) of this section, property that is
advanced is valued at the time the heir came into possession or
enjoyment of the property or at the time of the decedent’s death,
whichever occurs first.
(c) If the recipient of the property fails to survive the decedent,
the property is not taken into account in computing the division and
distribution of the decedent’s intestate estate, unless the
decedent’s contemporaneous writing provides otherwise.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by
Acts 1993, 73rd Leg., ch. 846, § 4, eff. Sept. 1, 1993.
§ 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.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by
Acts 1991, 72nd Leg., ch. 895, § 4, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 846, § 33, eff. Sept. 1, 1993.
§ 46. Joint Tenancies
(a) If two or more persons hold an interest in property jointly, and
one joint owner dies before severance, the interest of the decedent
in the joint estate shall not survive to the remaining joint owner
or owners but shall pass by will or intestacy from the decedent as
if the decedent’s interest had been severed. The joint owners may
agree in writing, however, that the interest of any joint owner who
dies shall survive to the surviving joint owner or owners, but no
such agreement shall be inferred from the mere fact that the
property is held in joint ownership.
(b) Subsection (a) does not apply to agreements between spouses
regarding their community property. Agreements between spouses
regarding rights of survivorship in community property are governed
by Part 3 of Chapter XI of this code.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by
Acts 1961, 57th Leg., p. 233, ch. 120, § 1, eff. May 15, 1961;
Acts 1969, 61st Leg., p. 1922, ch. 641, § 3, eff. June 12, 1969;
Acts 1981, 67th Leg., p. 895, ch. 319, § 1, eff. Sept. 1, 1981;
Acts 1987, 70th Leg., ch. 678, § 2; Acts 1989, 71st Leg., ch.
655, § 1, eff. Aug. 28, 1989.
§ 47. Requirement of Survival by 120 Hours
(a) Survival of Heirs. A person who fails to survive the decedent
by 120 hours is deemed to have predeceased the decedent for purposes
of homestead allowance, exempt property, and intestate succession,
and the decedent’s heirs are determined accordingly, except as
otherwise provided in this section. If the time of death of the
decedent or of the person who would otherwise be an heir, or the
times of death of both, cannot be determined, and it cannot be
established that the person who would otherwise be an heir has
survived the decedent by 120 hours, it is deemed that the person
failed to survive for the required period. This subsection does not
apply where its application would result in the escheat of an
intestate estate.
(b) Disposal of Community Property. When a husband and wife have
died, leaving community property, and neither the husband nor wife
survived the other by 120 hours, one-half of all community property
shall be distributed as if the husband had survived, and the other
one-half thereof shall be distributed as if the wife had survived.
The provisions of this subsection apply to proceeds of life or
accident insurance which are community property and become payable
to the estate of either the husband or the wife, as well as to other
kinds of community property.
(c) Survival of Devisees or Beneficiaries. A devisee who does not
survive the testator by 120 hours is treated as if he predeceased
the testator, unless the will of the decedent contains some
language dealing explicitly with simultaneous death or deaths in a
common disaster, or requiring that the devisee survive the testator
or survive the testator for a stated period in order to take under
the will. If property is so disposed of that the right of a
beneficiary to succeed to any interest therein is conditional upon
his surviving another person, the beneficiary shall be deemed not
to have survived unless he or she survives the person by 120 hours.
However, if any interest in property is given alternatively to one
of two or more beneficiaries, with the right of each to take being
dependent upon his surviving the other or others, and all shall die
within a period of less than 120 hours, the property shall be
divided into as many equal portions as there are beneficiaries, and
those portions shall be distributed respectively to those who would
have taken in the event that each beneficiary had survived.
(d) Joint Owners. If any real or personal property, including
community property with a right of survivorship, shall be so owned
that one of two joint owners is entitled to the whole on the death of
the other, and neither survives the other by 120 hours, these assets
shall be distributed one-half as if one joint owner had survived and
the other one-half as if the other joint owner had survived. If
there are more than two joint owners and all have died within a
period of less than 120 hours, these assets shall be divided into as
many equal portions as there are joint owners and these portions
shall be distributed respectively to those who would have taken in
the event that each joint owner survived.
(e) Insured and Beneficiary. When the insured and a beneficiary in
a policy of life or accident insurance have died within a period of
less than 120 hours, the insured shall be deemed to have survived
the beneficiary for the purpose of determining the rights under the
policy of the beneficiary or beneficiaries as such. The provisions
of this subsection shall not prevent the application of subsection
(b) above to the proceeds of life or accident insurance which are
community property.
(f) Instruments Providing Different Disposition. When provision
has been made in the case of wills, living trusts, deeds, or
contracts of insurance, or any other situation, for disposition of
property different from the provisions of this Section, this
Section shall not apply.
John Hyre