Legal Question in Wills and Trusts in Texas
Father's estate
My father has re-married and his will states he leaves everything to his wife. My question is that my father has four children, does Texas law allow my step mother to have 100% of his estate, or does this mean that his half of his estate will be hers, the other half would be split between me and my three other siblings?
IS my father allowed by Texas law to exclude his heirs (children) with out specifically stating that we received nothing from his estate in his written will?
2 Answers from Attorneys
Re: Father's estate
Assuming your father is competent, your father can leave his estate to whomever he chooses.
Re: Father's estate
Assuming your father has the capacity to make a valid Will, he can leave whatever share of whatever he owns to whoever he wants. He is not obligated to leave anything to anyone, not ever his children. The Will does not have to specifically mention he is leaving you nothing.