Legal Question in Wills and Trusts in Texas
probate?
My father passed away in August 2006. My stepmother has sold everything she has been able to that was with and without dept. She refuses to have contact with myself and my siblings and has given to her two children, my half siblings, everything. Can I do anything about this. There was no will.
1 Answer from Attorneys
Re: probate?
Hire a lawyer ASAP to file a determination of heirship. The wife gets her 1/2 community estate, but you and your siblings get his 1/2 community estate. You'll have to sue in the probate court to recover that which was improperly taken.
Depending upon whether their homestead was community, or your father's separate property, she may only have a life estate in the homestead with you and your siblings being the remainderman to inherit when she dies.
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