Legal Question in Wills and Trusts in Texas
Mother died w/ will; property question?
My mother passed away unexpectedly a little over a year ago. She left everything monetary to my step-father, to whom she'd been married for ten years. He allowed me to get (most) of the sentimental items that she wanted me to have, although it's been a challenge to acquire some of the items.
The two owned a home together and he is making improvements and planning to sell it. I am told in order for him to do that, I will have to sign away my portion. I wasn't aware that I have a portion, since there was a will. Can you please clarify?
He is planning to remarry (my mother's best friend, whom he started dating a week after the funeral), and I refuse to contribute to his new life - if I can at all help it. The outrageous insurance policy he had for my mother is more than enough for them.
Thank you.
2 Answers from Attorneys
Re: Mother died w/ will; property question?
It all depends upon what the will actually says, and whether it was probated. If it says, "Everything to my spouse" or words to that effect, then you have no portion.
Re: Mother died w/ will; property question?
Don't sign anything until you know the whole story. If your mother's will was probated, a copy will be on file in the probate court in the county of her residence - and you can obtain a copy. I am guessing that your mother died without a will or for some reason it was found to be invalid. If that is so, you will inherit all of her community property (which would be 1/2 of the house) and anything else that wasn't in a survivorship account or designated for the benefit of your stepfather.
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