QUESTION
Dad passed away 5ys ago and my stepmom passed away 2 months ago. Her son said she left a will and left him everything. What my rights in Texas
Asked on May 16th, 2021 on Wills and Probate - Texas
More details to this question:
Dad passed away 5ys ago and stepmom passed away 2 months ago. Her son said she left a will leaving everything to him. My dad owned this property long before they was ever married. What is my rights?
2 ANSWERS
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IT's not clear whether your dad had a will or not. It is also not clear whether or not his estate (will or not) went thru the probate procedure necessary to clear title to assets in the appropriate beneficiaries. Without knowing if he had a will or the family tree and whether or not there was a probate proceeding for your dad it is impossible to speculate on what the outcome might be here. If you dad had a will and left everything to your stepmom, she was within her rights to give it all to whoever she wanted to.
You should contact a local probate lawyer for more fact specific advice.
Answered on May 17th, 2021 at 8:09 AM
2 Awards
A person can only give what they own. If your father's estate was (or will be) probated, his interest in separate real property should pass to all his children, though his surviving spouse had a lifetime right to live in their home.
Answered on May 17th, 2021 at 7:34 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.