Legal Question in Wills and Trusts in Texas
Rights to Inheritance-Only biological Son has not been contacted by Step- Family
My Father passed away about a month ago. I am his only biological Son. I was told by my Father that he did have a will. My father recieved a large portion of inheritance from my Grandfathers Estate about a year ago that was added to what he already had. My Step-mother has not contacted me since the funeral, and will not return my calls.
My question is: Do I have any rights to inheritance he recieved from my grandfather as a direct decendant ? Do I have the right to a copy of his Last Will ? Is there a time limit on all of this ?
The first question is the most important to me if you are limited to answer one. My step-mother has four adult children, my step-brothers and sisters. I don't want them getting my part. He was my Biological Father who I loved and had a very good relationship with.
Thank You very much for Your time,
M.A.E.
2 Answers from Attorneys
Re: Rights to Inheritance-Only biological Son has not been contacted by Step- Fa
It all depends upon what the will says. If your step-mother has the will, you can force the issue and have it entered into probate. If she refuses to produce the will, then you will inherit as if there was no will. Since your father's inheritance was his separate property, if there's no will, your step-mother gets 1/3 and you get 2/3 of personalty. If real estate, she gets a 1/3 life estate, you get 2/3, and the other 1/3 when she dies.
Re: Rights to Inheritance-Only biological Son has not been contacted by Step- Fa
If your father had a valid Will that would control how his property passes. If you continue to get no cooperation, get an attorney and/or check the county probate records from time to time to see if an estate has been opened and what has been filed in the estate. If there is no valid Will, your mother is deceased or was divorced from your father, and you are the only child born to or adopted by your father you should be the sole heir who inherits his probate estate. If your grandfather's estate went outright to your father the assets belong to your father's estate. If there was a trust involved, then the provisions of the trust control as to what happens at your father's death to the trust and its assets. The person having custody of a Will should produce it and offer it for probate in a timely fashion.
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