Legal Question in Wills and Trusts in Texas

My Dad passed away recently and had no will..He and my mother divorced years ago..He remarried 14 yrs ago.Him and my stepmom bought property,and vehicles together as well.My deceased fathers mother passed away 2 yrs ago leaving my father with half of her estate..What rights do I have in receiving anything from his estate?


Asked on 8/02/10, 5:54 pm

2 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

I am assuming that you are the only child of your father and mother. If not "you" means your dad's children and their descendants.

As to the portion of your dad's mother's estate and any of your dad's separate property real estate, your stepmother, as surviving spouse, gets a life estate in 1/3 of the real property. You get a remainder interest burdened by that 1/3 life estate and a 2/3 fee interest in the separate real estate. Regarding your dad's separate property you get 2/3 and the surviving spouse - your stepmother gets the other 1/3.

Understand that the community property owned by your mom and father ended when the marriage dissolved and the property was distributed between them. What he received became his separate property

As to Community Property acquired by your dad and stepmother during their marriage::

You and your stepmother split the real property and the personal property

This is just a guess based upon the minimal facts you have provided. You need to consult an attorney and prove all the facts. There is a 4 year statute of limitations to administer your dad's estate and distribute the property among the heirs. Your stepmother or you or certain others can apply to court having probate jurisdiction in the county where your dad resided when he died.

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Answered on 8/07/10, 6:55 pm
Cheryl Rivera Smith The Smith Law Firm

You should contact a probate attorney to protect your inheritance and your rights. Assets have a way of disappearing if nothing is done and then it is difficult or impossible to recover them.

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Answered on 8/09/10, 8:40 am


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