Legal Question in Wills and Trusts in Texas

I am one of4children born out of wedlock to a man recently deceased who was well off left all of his money to a niece. He was married for 51 years to his first wife, he then married his 2nd wife and upon his death he owned 2 homes assets said to be estimated at 1 million dollars. He kept on retainer a lawyer and a cpa to handle his affairs. We were told for years that upon his death we would receive an inheritances. After his recent death we were told that there is no will, we can't find out the name of the lawyer or cpa, we are told that he just left all his money to the niece and that's it, nothing else is said. We are only told that the 2 homes are in the name of his adopted child's name who is serving an 18 year prison sentence. We trying to find out if we have any legal recourse to our situation?


Asked on 10/04/14, 9:33 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

You need an attorney. If there was a will, leaving property to the niece, you are going to have to contest the will that was probated.

Generally, a will is required to leave property to someone upon death. However there are ways to pass assets outside of probate It is possible that a trust with the niece designated as a beneficiary was used. Hence the trust owned the assets, not the decedent. It is also possible the the niece was designated as a beneficiary on bank accounts which pass outside of probate.

Also if there was no will, all or a portion of community property would have gone to the spouse.

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Answered on 10/06/14, 5:40 am


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