Property Ownership

A Texas property owner dies intestate (without a will) leaving a surviving spouse and two adult children. Under Texas intestacy law, the community property typically:

AAll passes to the surviving spouse
BThe deceased's half of community property passes to the children, not the surviving spouse✓ Correct
CIs divided equally three ways among the spouse and two children
DPasses to the state of Texas as escheat

Explanation

Under Texas intestacy law (Texas Estates Code), when a person dies without a will, the deceased's half of community property passes to their children (or descendants), not to the surviving spouse. The surviving spouse retains their own half of community property.

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