Legal Question in Wills and Trusts in Texas
No Will- Step- Mom gone one month, only child to father
father passed away 1yr ago and now stepmom ( 3rd wife) has since passed 1 month ago. dad didn't leave will, will with 2nd wife (still living). Step-mom promised to divide fathers things. I am his only biological child (1st wife)deceased as of 5yrs. Step-mom said at funeral & after that father had a small life insurance policy from grocery he worked pt, never saw/or new amount. He also owned own business, she was trying to sell when i went for funeral, sold it after i returned home.I do not know the amount,she has a son and grndson that lived w/them. I requested some of monies 6months after fathers death,to no avail. What are my rights/obligations as only child to my fathers business/ or life insurance, which has probally been spent to date by her son. I also have 3 children of my own, his only biological grndchildren. Also does the first will take the place of this marrige and his estate. Please help me find some answers, I have written to other attorneys and received no response. Thank you......
DESPERATE!!!!!!
1 Answer from Attorneys
Re: No Will- Step- Mom gone one month, only child to father
The insurance passes by contract, and is outside your father's estate. The last valid will is good for probate, but will treat the 2nd wife as if she predeceased your father, because of the divorce.
Wife no.3 owns half of the community property, so your father's separate property (that which he owned before the 3rd marriage) would go to you. Wife No. 3 would have a life estate in the homestead if that was your father's separate property, and own half outright if the homestead was community property.
If the business was community property, she'll have to account for your half.
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