Legal Question in Family Law in Texas
My father passed away intestate... I am 1 of 4 siblings (The oldest if that matters). My father 12 years previous to me being born had a child (boy) with a different woman other then our mother (before my parents met)... My father signed over his parental rights to the mother and her then new husband. The question is now: Does this then child, now 62 year old man have any estate rights?
This child was born and raised in California... My family lived and father passed away in Texas.
Any help would be greatly appreciated!
1 Answer from Attorneys
You need to talk to an estate attorney in your county.
Did you dad leave a will?
If so, he can leave anyone he wants part of his estate - relative or friend or non-profit.
If the man wants part of the estate, the burden would be on the executor to show that an adoption was done and all parental rights were terminated. If it was not done and signed by a judge, then no legal adoption occurred & he would inherit like any other child. You might not know the answer to this question -- merely family oral history won't be enough if the person wants part of the estate.
I'm sorry for the loss of your dad.
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