Legal Question in Wills and Trusts in Texas
there are alot more elements to the equation so ill be to the point . my father died of dementia .... i thought he had a will. three weeks before his death when we were at the hospital he informed me he didnt have one and that he wanted to leave a will...... i printed one out online and had two witnesses see him sign it but the witnesses left no address ... just a city. at the funeral his duaghter, my half sister 20yrs my senior who i never met and hasn't seen my father in 20 yrs, attended. when i probate the will, she contests it...... it is being bumped up to district court (texas) paternity was never established between my father and i. it was just always known he was my father. not sure what my half sisters intentions are.... what is the possibility i get bushwacked out of my fathers estate and how can i prevent it from happening.. the estate is upwards of 1.2 mil . she has way more money than me and i cant afford much more on my lawyer
1 Answer from Attorneys
It is difficult to answer your question without seeing the will.
If the will was self proved when it was signed, the witnesses will not have to appear in probate court. Their lack of a street address is probably not an issue.
If your half sister gets nothing under the will, it is no surprise that she would contest it as she would receive more under texas intestacy law than if the will was probated.
If your dad did not have testamentary capacity when he executed the will, it is likely that your half sister can successfully contest the will. Then, if your dad had no other will, it sounds like the laws of intestacy would apply. This means that your dad's estate would go to his heirs.
You need to be able to establish that you are your father's son and therefore an heir. You should start by checking your birth records. Suggest you consult your attorney on this point
Some of your dad's assets may not be subject to probate. You might be listed as a beneficiary under a retirement account or a life insurance policy. Again, this is something you need to discuss with your attorney..
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