Legal Question in Wills and Trusts in Texas

children vs. step-parent with no will

My Father died in sept.2002 and there was no will. There are 3 children,one a half sibling with stepmother. She has not filed in probate court to release his accounts from his employer and deal with his other assets. There was a life ins. policy she recieved and the adult siblings did not want part of it, wanted it for use with minor sibling. She has now moved another man in house and is spending the money on him and his children not the minor. Do the adult siblings have any re-course to protect the minor child? We do not want anything for ourselves only the minor sibling. Can we file in probate court ourselves?What will we need?


Asked on 8/11/02, 1:27 am

1 Answer from Attorneys
Laura D. Heard Law Office of Laura D. Heard

Re: children vs. step-parent with no will

Yes, the good news is that because your situation is still within 4 years of the date of death, any adult child of the decedent can file in probate court for a determination of heirship and request to be made the adminstrator of the estate. It is important to hire an attorney to help with the proof. A guardianship or a trust account will probably be needed to safeguard the minor's assets until he comes of age. Because there is no will, the process is more cumbersome and time-consuming, but worth it to protect the assets of the minor from being wasted.

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Answered on 8/13/02, 12:16 am


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