Legal Question in Wills and Trusts in Texas

remaing valuables of estate

my father died who i have had an estranged relationship with for 15 years - he has no will - do i have any rights to any of his remaining property? he has a widow of 12 years -


Asked on 11/11/06, 10:14 pm

3 Answers from Attorneys

James Grissom Law Office of James P. Grissom

Re: remaing valuables of estate

Without a will you have an interest in any real property and any personal property. Don't know what this might be. You indicated he had a widow of 12 years. You may have difficulty claiming your portion. Consult with a lawyer in your area if this issue is important to you. Might have to talk to more than one lawyer.

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Answered on 11/11/06, 10:22 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: remaing valuables of estate

If your father died intestate (without a will) a petition must be filed in the Surrogate's Court for letters of administration. Generally the rules of distribution split the estate between the widow and children, it makes no difference if you were estranged.

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Answered on 11/12/06, 12:53 am
Cheryl Rivera Smith The Smith Law Firm

Re: remaing valuables of estate

Widow of 12 years? Has he been dead for 12 years or has he been married to his wife for 12 years? If the widow is your biological mother, then she will be his heir at law. If not, his children will share in all of his separate property and 1/2 of the community property. Making your claim is done in an heirship proceeding in either probate court or county court at law, depending on where your father resided at the time of death. Call an attorney if this is the case.

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Answered on 11/12/06, 12:57 pm


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