Legal Question in Wills and Trusts in Texas

1. Hire an attorney. You are already outside of the do-it-yourself realm.

2. File the Will, if there is one. If the gift is made to you under the Will, and it was taken by somebody else, the appointed Executor is not only authorized to prosecute the claim -- they're obligated to do it. If the wife is the nominated Executor, and she's stolen the money, you have a great case to disqualify her. If the wife has already been appointed and is simply ignoring the Will, you can seek to have her removed and held liable for her breach of fiduciary duties.

3. If there is no Will, it isn't clear how your father left money "to be divided." Where are the instructions for this gift?