Legal Question in Wills and Trusts in Texas

my father died on dec,13 and his wife didnt have me on the obiturary she says he told her i wasnt his child.everyone was listed except me and i dont know what was in his will dont know if he had one i need to prove he is my father and find my legal rights what can i do


Asked on 12/27/11, 7:03 am

1 Answer from Attorneys

Brian Thomas Burdette & Rice PLLC

It sounds like you've at least asked if he had a Will. Maybe his wife told you what it said. Otherwise, I'm not sure how you reach the conclusion that everyone but you is listed in a document that you're not sure exists.

1. If a Will exists, there is no requirement that your father include you in it. For any reason or no reason at all, your father could have chosen not to include you.

2. If there is a Will, there's a chance that it might already be filed for probate with the County Clerk in the county that your father resided in. You can call them for information.

3. If the Clerk has no record of the Will, but you believe strongly that somebody has it, you can hire an attorney to involve the Court and compel that person to bring it forward. If the Will does not include you, then you've done all of that for nothing.

4. If there is NOT a Will, your position improves significantly. If your father died leaving no Will, you might stand to inherit as an heir. Proving that you are an heir and administering your father's estate are procedures that an attorney can assist you with.

In nearly every outcome, an attorney is going to help you. It is very unlikely that you'll get the information that you're looking for without one. Do yourself a favor and begin searching for a probate attorney to at least consult with. There are a boatload of facts that a full analysis of your legal issue demands.

Read more
Answered on 12/27/11, 8:23 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas