Legal Question in Wills and Trusts in Texas

Father's Will

My father died in 1986 and left the bulk of his estate to my stepmother. They had only been married for 1 1/2 years. My father told us (my sisters and I) that everything that he left her was to be 1/2 ours. He married after our mother died in 1983. Well, she sold the house he left her, she is using the money on her children, and we have not heard from her since his death.

Is there anything we can do? We didn't want to fight the will after our father died because he asked us not to, but the money she is using was our mother's and father's. She only was married to him shortly and received everything that was our family. My father was in very poor health when he made the will.

Please don't think we are greedy, because we are not. We just want to make sure that something is left of our parent's life that is rightfully ours, not her grown children.

Thanks so much.


Asked on 7/14/04, 8:42 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Father's Will

Either you fight the will or you don't. If you don't, you don't have a leg to stand on. If you do, you need a solid basis to set aside the will. Mere speculation will not do.

Understand a will contest is very expensive, and you need a lawyer that has experience in probate litigation. Is the remainder of the estate worthwhile? Remember, even if you get a judgment that the money improperly taken should be returned, enforcing such a judgment in Texas is extremely difficult.

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Answered on 7/14/04, 9:52 am


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