Legal Question in Wills and Trusts in Texas
Mom died intestate, step father tinks everything goes to him
Our mom died 12-29-07, she left no will. She has been married for 7 years, they had no children together and he has no children. All he has allowed us to have are some crafts, books and some shoes. He already got some money she left him, but he also has property that was hers before they were married, some of which has been in our family for years and some belongs to our deceased grandparents that he won't let us have. The house they are buying is in both their names, but he might sell it when he runs out of money. My mom made the majority of the money before and while they were married, he came into the relationship with nothing. What are we entitled to and what can we do to get our family possessions?
3 Answers from Attorneys
Re: Mom died intestate, step father tinks everything goes to him
Get an attorney and open probate! You need to protect your inheritance and Texas statutes will provide for distribution of your mother's estate.
Re: Mom died intestate, step father tinks everything goes to him
You are entitled to file for and administration of the estate and require him to make an accounting. If this means so much to you, better get a lawyer. Good Luck.
Re: Mom died intestate, step father tinks everything goes to him
With all due respect to the father in law, he's full of crap. If the property was mom's prior to the marriage , then it is most likely her separate property. You, as the child, would have an interest in the property. However, your rights are not self-enforcing. You need to get an attorney to protect your interest in the estate, and you need to do this immediately.
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