Legal Question in Wills and Trusts in Texas
Dying father...
My grandfather passed away recently. His will states my Dad (which is in a life care center with a terminal brain tumor and not expected to live long) is entitled to 100% of the estate. This is in the event my dad survives my grandfather, which he did. If my dad did not survive my grandfather then the estate worth in excess of $600,000 would be divided between my brother and I at 65% and 35%. My dad is married. My question is...Does my brother and I have any legal rights to my grandfathers estate after my dad passes or will my step-mom get it all? Also, Should we get a lawyer asap in order to protect any rights we may have? There is a probate hearing June 19, 2007.
3 Answers from Attorneys
Re: Dying father...
Get a lawyer ASAP. You and your brother should get 2/3 if your father doesn't leave a will. Your stepmother gets 1/3.
Re: Dying father...
This answer is based on Texas law.
Your father survived your grandfather, and therefore he is entitled to the entire estate. Your father's inheritance will pass according to his will, whatever it says. If he has no will, than your stepmother will get some, and you and your brother will get some.
If your father does not want to inherit anything from your grandfather, then he can file a disclaimer, and then grandfather's estate goes to your brother under grandfathers' will.
I don't see anything a lawyer can do on your behalf. Your father holds all the cards.
Re: Dying father...
Yes. You better see a lawyer real quick. Your father's property acquired by inheritance is separate property, not community property; so, she should not get any of it. But, these things change rapidly at these times. If you want it, you're going to have to work to protect it and pay the price. Good Luck.
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