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 -
3 Answers from Attorneys
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.
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.
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.