Legal Question in Wills and Trusts in Texas
Shut out of Estate
My father passed away in Garland, Texas in March of 2000. He DID NOT have a will. I have a step mother and step brother who control everything. They have NOT communicated any information to me regarding my fathers estate. I have know idea what it consisited or consists of. What are my legal rights and what am I intitled to? Is there a percentage of the estate that I would be intitled to and how is this or would be determined under Texas law?
2 Answers from Attorneys
Re: Shut out of Estate
The surviving widow is entitled to 1/2 of the estate, and the biological children are entitled to an equal division of the remaining 1/2.
Step-children are entitled to nothing.
Re: Shut out of Estate
Yes, if this was your father, then you do have rights. As to what they are, it depends on the property.
His children's share would be 1/2 of the father's 1/2 of the community property (divided equally amongst his children) and 2/3 of the separate property (again, divided equally among his children). There are some other reservations for the surviving spouse.
As to what you can do, one option is to get everyone to agree to a family settlement agreement. If this isn't likely, then you can always institute an application for administration, and administer the estate yourself (although preference would be given to the spouse). Finally, you could request a very expensive and cumbersome dependent administration.
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