Legal Question in Wills and Trusts in Texas
My father passed away in Lubbock, TX and his surviving wife is trying to state that he doesn't have a will. We as his children, know that this is not true, as we knew he had one drawn up in Washington before moving to Texas. Is there any way to find the last copy that was filed?
2 Answers from Attorneys
if the estate has any value and there is no will, contact a probate lawyer where your father resided and let that lawyer proceed with the investigation..and perhaps file to protect your rights..but if a will is destroyed, and not filed anywhere..which is not uncommon..you will be trusting to chance
If dad's wife is not your mother, it would be good that he had no will, because his children outside of the marriage would be heirs at law. Keep in mind that any wife would inherit a life estate in his portion of the homestead, but his children outside of the marriage would inherit the remainder. You should contact an attorney to protect your interests.
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