QUESTION

My father died, will my mother get his entire estate?

Asked on Jan 19th, 2015 on Estate Planning - Texas
More details to this question:
My dad passed away a month ago. He was a wealthy doctor. My sister and I (his only children) have been curious as to what he may have left, as he told us he made sure we 'didn't have any worries'. Our mother has told us he left everything to her. She was his wife of 52 years. Yet, four years ago he called me and said he was rewriting his will to include my children. He also told me at that time to make sure I had my own will as he was leaving me financially secure. I've gotten a lot of different info on this and it's all so confusing. My understanding (NOT from a lawyer) is my mother gets everything even if my dad specifically stated otherwise. Is that true? Last Wednesday my mother began the process of executing the will with my father's attorney. Will I hear anything if I am mentioned and how long does that take? Thanks so much!
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1 ANSWER

Wills and Estate Planning Attorney serving Sugar Land, TX at Law Offices of Kimberly D. Moss, PLLC
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I think it's useful to discuss the different between what happens when someone does have a will, and when someone doesn't. In Texas, a person who dies without a will is known as "intestate." In that case, with your father's set of facts, the rule is that if he died intestate and had no other children outside of his marriage to your mother, your mother would indeed take everything upon his death. Because your father had a will, this default rule does not apply. The details and contents of your father's will determine what you are indeed entitled to. If your mother has begun the probate process, she will be required to submit an original version of his will to the court where it will then be made public. You can then see what his will said by looking up the case information online (available in many of the larger counties in Texas) or by contacting the county clerk's office. It appears as though your father made provisions for you in his will, but it's a good idea to consult a local attorney experienced in probate matters to discuss the specifics of your case. That way you'll have all of the information you need to decide how to move forward. Good luck.
Answered on Jan 22nd, 2015 at 4:43 AM

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