Legal Question in Family Law in Texas
My Father in Law (FIL) died without a will. He was survived by 2 sons and 1 daughter. My husband is the youngest son and sister in law (SIL) is eldest. My husband's elder brother ( BIL) lives with in laws .My SIL has a son and daughter, BIL has a daughter. My husband and I are settled abroad and have a son. I am married for over 10 yrs and have had lots of problems with my in laws. They have time and again tried to ruin my happiness and made us penniless many times by interference. Now when my FIL passed my SIL, BIL and MIL took advantage.My FIL had 2 independent houses and a commercial property and a farm along with cash deposits and gold and silver.When we went to India for my FIL's ceremony my SIL and BIL convinced my husband to sign over all documents so he has nil power in case of property sale and money.Long story short it didn't pan out as my husband cudnt get a pan card during his stay there. Now my BIL, SIL and MIL are pestering him to send it asap for sale of property. My husband is na�ve and might go ahead. Is there any way I can put a stop to this . I want to put a legal stop to all this cheaters.BIL is the biggest cheat . He has convinced my hubby that the residential property is worth merely in lacs whereas its worth crores in todays market. same for commercial property. Can I put a stop claiming that I have a say becoz of son.My son is a minor and can I claim I have a legal say in all these transactions.My husband doesn't know what documents he signed. Can I file a case saying he was kept in dark about all the legal documents.
2 Answers from Attorneys
My suggestion is that you consult an probate attorney who practices probate law in the county where your father in law resided when he died. If the estate was never administered, as an heir, your husband can file an application to have his dad's estate administered. This would empower him to take control of all of the estate's assets which would effectively put a stop to these actions.
Since your father in law had a wife and children when he passed, I don't think your son has an interest in his grandfather's estate.
I agree with other attorney. You have not provided enough facts to adequately address your questions. Where did he die? Where is the property? Your husband needs to talk to a lawyer. You are merely a wife -- the bio children of the dead man & his widow control. Grandson in Texas has no interest since there was no will. I'm sorry for your loss.
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