Asked in Estate Planning for Texas

Q: Will or trust

My real father died and we were told he left everything to his friend but he will not show us a will stepmother has passed a way years ago and there are three of us girls can we fight this or just let it go

Related Topics:
1 Lawyer Answer

Nancy Hui

Answered
  • Estate Planning Lawyer
  • Pearland, TX
  • Licensed in Texas

A: If there is a will and your father really left everything to his friend, then his friend will have to have the will probated in order to get the assets. All files in a probate case, including the will, become public records. You can then go to the court house to ask for a copy of the will. Note that the will must be probated within 4 years of your father's death. Otherwise, your father's assets will be distributed as if there is no will. In that case, his children will inherit his assets (since he was not married at time of his death). The friend will likely not get anything. For that reason, if there is really a will, the friend will have an incentive to probate it ASAP in order to secure his interests. If you are concerned about your right, which you rightfully should, you should contact a probate attorney to discuss your option.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.