Legal Question in Wills and Trusts in Texas

Descendants rights in Texas

My father died 6 years ago. Prior to his death he informed me that he had a living trust and that my step-mother would be the beneficiary. I do not believe an additional will existed but I am not sure. Approximately 1 1/2 years after his death my step-mother remarried. She never offered information to me or my siblings regarding our fathers living trust. Do we have any entitlement to a copy? And is there a statute of limitations regarding this? The siblings consist of 2 natural daughters and 1 adopted son. Thank you


Asked on 9/27/08, 11:11 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Descendants rights in Texas

Yes. If she fails to produce the trust, if there is one. Then check the probate records in the county in which the will may have been probated and check the records. If there was no will and no probate, then hire an attorney to open up an heirship proceeding on your behalf. She will be compelled to produce everything that relates to your father's estate and since you are a child outside of her marriage you and any siblings would be entitled to an inheritance under the intestate statutes. There is a 4-year time limit to probate a will, but you can open up the heirship proceedings at any time.

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Answered on 9/28/08, 8:36 am


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