Legal Question in Wills and Trusts in Texas
I need to clarify my question.
My stepfather had a will with his previous wife leaving everything to their only child (a son). She passed, and he married my mother. They were married almost 25 years, had no children together and, unfortunately, never made a will. My stepfather passed, never having changed his will. My mother is now deceased, never having a will. On behalf of myself and my blood brother, is our stepbrother eligible to receive his father's half of the estate, seeing as this will from his parents left all to him? Did being remarried to our mother in a community property state void that will?
1 Answer from Attorneys
Your stepfather's Will has nothing to do with your mother's estate. Your stepfather's estate has no interest in your mother's estate. There is no "half" that your stepfather would be entitled to receive from your deceased mother. Under your facts, in Texas, your mother's estate is divided among her two heirs (you and her other son).
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