Legal Question in Wills and Trusts in Texas

if you dont have a will

my question is if you dont have a will how and who has say so over everything.my mother passed away a couple of weeks agoshe was married to a alcoholic for less then 10 yrs.she was buying her home for 15yrs before he came along was just in her name,but he talked her into redoing it and adding him to it.i understand that is his.even though he will not pay for it and will loose it.her car she would not even let him drive it,now he keeps it locked where we cant even look in it.do we have any right to her personal belongings and things we have given her.we do not want the house ,i cant say that about her car because he is a drunk and will end up selling it for beer money,i would like somethings i have bought for my mom over the past 40yrs.do i have any right? i have asked and asked for her mothers ring but he will not let us have it.all of the bills lights gas water is in her name he will not change that.i wonted to call and tell them she is gone and have them shut off but didnt know if i could.if he was a good man i would not be asking but he is no good my mom was in the hospital 3weeks he may came 5 times .me and my sister took off work and stayed day and night and he stayed at home drunk.now will not let us have anything of my mom


Asked on 4/14/05, 4:49 am

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: if you dont have a will

Someone will have to put her estate into probate for determination of heirship. Your stepfather has a half interest in your mother's estate. Her children get the other half, but you can't throw him out of the house. If he lives there, he's responsible for the utilities, etc.

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Answered on 4/14/05, 9:38 am
Andrew Traub The Traub Law Office, P.C.

Re: if you dont have a will

You need to probate your mother's estate. The determination of who gets what assets will be based on what she owned before remarrying (her seperate property), what is community property, and who are her heirs.

www.andrewtraub.com

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Answered on 4/14/05, 11:25 am


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