Legal Question in Wills and Trusts in Texas
Heirship and Rights to Inherit
My father recently passed away leaving no tracable will. He was widowed, living me as the next of kin. Recently we have discovered that he had a son from a first marriage 35 years ago that he has not outwardly acknowledged (it is my understanding that the wife left, divorced, immediately remarried, and the son was adopted, but no legal records can be found), and as of now, this other heir is unfindable (an AT ad Litem has been appointed). Is it true, that regardless of whether we find the remaining heir or not, half of the estate will placed into an account for him? Can the judge rule otherwise? We have no way of knowing where this person is, or if he still alive? Given the evidence, can the judge rule in my favor?
What happens if the funds are never claimed?
2 Answers from Attorneys
Re: Heirship and Rights to Inherit
The other son is an heir as a matter of law. If he's deceased, his children will take his portion. If no children, then his portion goes back half to his mother, and half to his father. You'd get the father's portion (1/4 in this instance) and the mother's portion may go to her, or other siblings.
Intestacy is an expensive mess.
Re: Heirship and Rights to Inherit
As a matter of law, the probate judge must award the son his half, and if he is deceased, his half goes to his children, grandchildren, parents, etc. If none of these can be found, his portion escheats to the State of Texas (in other words, goes to the State Comptroller's unclaimed property department). Unfortunately, your father probably never intended this result, but the law makes no provision for his intent without a will.
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