The recent case of In Re Estate of Tillotson has taught us some valuable lessons. This is what happened in the court.
The Case of In Re Estate of Tillotson.
Thomas Tillotson appealed the trial court’s order about the motion filed by his deceased wife’s administrator. The court had earlier approved the inventory, appraisement, and a record of different claims.
Later, the court of appeal discovered that the deceased spouse’s administrator had the authority to file the motion. As per the United States estate code, the administrator can request the partition and administration of the property through a written application.
Also, if the deceased spouse has a surviving child, the undivided one-half interest in the community estate goes to the child or children (if any).
Well, what happened next?
Though the Texas estate code allows the surviving spouse to seek partitions, the right is not exclusive to the spouse.
Hence, the order of the trial court was consequently affirmed by the court of appeal.
Let’s explore more about the lesson learnt from the unique case of In Re Estate of Tillotson.
The Role of Tenancy-in-Common Due to Intestate Laws
Many of you would be hearing the name for the first time. Well, tenancy-in-common is a kind of property ownership in the US. Tenants-in-common refers to the owners of the estate, each of whom owns a part of an undivided parcel of real estate.
Tenancy-in-common is quite common in the United States. One reason being it handles the property of the individuals who die without a will or any kind of estate plan.
The estate, in this case, is passed under intestate laws, and the property goes to the deceased heirs who become the tenants-in-common.
That was all about In Re Estate of Tillotson.
If you have any queries of a similar sort, do not hesitate to contact Keystone Asset Protection and Estate Planning today. We would be at your service!