Legal Question in Wills and Trusts in Texas
Biological Childern not metioned in will by name
My father passed away and I had to get a copy of his will from the County Clerks office. The will states my stepmother as executrix, she has not provided me with any information concerning my fathers estate. In the will it states that my father has two stepchildern, it does not mention me or my sister by name, it says all references in this will to my children are to such children and to any children subsequently born to or adopted by me. Does this mean my sister and i are beneficiaries? Also the will was witnessed by my stepmothers son and grandson and daughter-in-law. Is this legal?
1 Answer from Attorneys
Re: Biological Childern not metioned in will by name
Assuming that your father was domiciled in Texas, then you need a lawyer. The fact that you're not mentioned means you and your sister are entitled to take your portion as if your father failed to leave a will.
Obviously, that may not apply if we're looking at Tennessee probate.
Texas only requires two witnesses, so the grandchild and daughter-in-law would be legit. The son could be iffy, depending upon the specific language of the will. No telling what passes in Tennessee.
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