Legal Question in Wills and Trusts in Texas
My father died in texas 2 years ago. He always said there was a will but after he died the box he kept it in was tampered with and the will was not there. He worked his whole life and spent very little. He always told me his will would take care of his four children as he had money, gulf oil stock (retired from gulf oil), property and verhicles. We have received nothing. His 3rd wife supossedly has alzheimer's disease and is in asseted living. Is there anything we can do? My father had also inheirited my grandparents estate which was also supposed to eventually go to his 4 children. After he died his 3rd wife would not speak to us and her children completely control her. Is there anything I can do as his eldest son?
1 Answer from Attorneys
Yes, there is a great deal that you can do. To be honest, you would have been well-served to ask your questions 2 years ago.
Your father either died with or without a Will. If you haven't found it yet, the document is not likely to be found. In that case, your father's estate passes to his heirs (which may actually be more beneficial to you than was his Will.) The community and separate property of your father is divided according to the laws set out in the Texas Probate Code. Someone (perhaps you) could petition the Court to be appointed as the representative of your father's estate. Among this person's several jobs is ultimately dividing and distributing the estate to the proper owners.
If you let this sit, your ability to see that the process is done correctly and your rights protected goes nowhere. I would encourage you to visit with an attorney in the area where your father last resided to discuss how to get this ball rolling.
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