Legal Question in Wills and Trusts in Texas

Re: Father died step-mother putting property in her name only

I would have to review your divorce decree and see how the property was titled (community or separate) to be sure, but I would think that without a will, your child would inherit at least a portion of the property.

The first step would be to check the real property records of the county in which the surviving spouse lives, and she how she changed the title of the car and house. Did he bring those itmes into the marriage, did they buy them together or were they hers to begin with? Also, was there any type of support obligation in the divorce decree?

Re: Father died step-mother putting property in her name only

You need to contact an attorney immediately to help you protect your child's interest. If the house was community property, 1/2 of the house was the Father's. Out of that 1/2, his wife would have inherited 1/4 and the other 1/4 would belong to his child or children equally. So, technically, 1/4 of the house would belong to child-heirs. However, the spouse also inherits a life-estate in the property, so the children only get their portion of the house at her death or when she sells the property. Regarding the car and other property, ownership questions need to be answered and perhaps the children would be entitled to a share. Best of luck.

Re: Father died step-mother putting property in her name only

Your child has an interest in her father's estate. Understand that insurance passes by contract and is outside the estate.