Legal Question in Wills and Trusts in Texas

Adult Childrens vs stepparent when parent dies

Does the children of a decease father have a rights when it comes to father estate have he has remarried. Stepmother will not show us the will. The were married for little over 5 years. My father became very ill and past away a few weeks ago. She has told us a few things but we fill she is trying to keep things from us. We have not idea what the will states only what little pieces she has told us. Can we contest the will if she is gettings everything. My father was only 68 years old. He was her 4th husband and the 3rd husband to past. Just need to know if we should get a lawyer? Before this goes any futher?

Asked on 1/13/07, 2:10 pm

2 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Adult Childrens vs stepparent when parent dies

If there is a will, you, as a potential heir, can petition the court to have the will admitted into probate (if it has not already been admitted into probate). If there is no will you will be entitled to all of your father's separate property and half of the community property. Your step-mother will get a life estate in the house. Bottom line, call an attorney and get into probate court. If the will has been filed, then you can ask the clerk to let you view it.

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Answered on 1/13/07, 2:56 pm

Peter Bradie Bradie, Bradie & Bradie

Re: Adult Childrens vs stepparent when parent dies

You want to speak with a lawyer for starters. A will contest can get very expensive very quickly, so if the estate is small the will probably isn't worth fighting. If she's trying to hide things from you, that would tend to show that his will doesn't give her everything, because she'd be quick to show that.

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Answered on 1/13/07, 5:52 pm

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