Legal Question in Wills and Trusts in Texas
will
my step-mother passed away [2005] and left no will,my father just passed 2007 and he did leave will leaving everything to be split between brother and i,will being probated,he left nothing for my step mothers son what goes to him if everything,bank accounts,auto,etc.is in fathers name
2 Answers from Attorneys
Re: will
The Step Mother's Son get his legal share of his mother's estate, i.e. 1/2 of the community property between her and your father. All of the bank accounts, auto, etc. could possibly be comingled community property. Better get a lawyer, unless you want to give him everything.
Re: will
Step-mother's estate needs to be probated ASAP. Her son gets her separate real property, or her 1/2 of the community property of whatever sort, valued on the day she died. Your father got the balance, such as it may be.
Get a lawyer!
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