Legal Question in Family Law in Texas
What rights do I have if my husband dies and leaves no will? But, he has left his sister as the executor of his estate. He has two boys.
One son is my biogolical son that he adopted last year. He tells me that they will inherit everything. I will inherit nothing.
My understanding was that in the state of Texas the estate goes to the spouse if living.
He has nothng in my name.
Also, can I change my son's last name back to his birth name? Do I have to hire an attorney to do so. Of can I file the papers myself?
1 Answer from Attorneys
You don't have an Executor unless you have a Will, so if he has named his sister to be his Executor when he dies, then I guess he has a Will.
However, if there is no Will, his estate will be divided according to the Texas rules governing such estates. Since there are children from more than one marriage, a large amount of his estate would pass to them. The estate would only go to just the you if there is no Will and no children except yours.
You cannot change your son's name without his (adoptive) fahter's permission.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
