Legal Question in Wills and Trusts in Texas

What happens when someone with two daughters dies without a will?

this man died leaving a natural daughter and an adopted daughter. The natural daughter has taken all the property (no real estate) cars, jewelry,and other possessions and denied entrance into the house to the other daughter. We believe there was a life insurance policy benefiting the adopted daughter. Will she receive the benefits even if she has no information on the policy? There is no will so what happens now?


Asked on 9/14/01, 12:28 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: What happens when someone with two daughters dies without a will?

In Texas an adopted child has all the inheritance rights of a natural born child. They should divide the estate evenly. But the adopted daughter will have to file an action in probate court to determine heirship, and to appoint an administrator to handle the division of the estate, since the sisters obviously would not trust each other to do so.

Insofar as the possible insurance policy is concerned, you'll just have to start making phone calls to see which company, if any, the father had insurance with. Once you find out, you'd have to send them notice that he had died and that the policy should be paid. The insurance company would tell you what documents they need before they could pay on the policy. If the other sister won't cooperate in telling you where he had insurance, you'll just have to dig out the information by sheer grunt work.

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Answered on 10/26/01, 12:52 pm


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