Q: My father (Texas) has died. He is survived by a second wife and 2 daughters and by me and my brother.
The probate attorney wants my bro and I to sign off all assets to the wife and our two younger step sisters. While we do not want to delay the probate process for my father's second wife and daughters, we also do not know if there is a will or what, if anything, was left for us. We were adopted at a younger age, however, as we developed relationships with our natural father, he told us of some things he would like us to have. For example, a watch was promised to my brother by our Father. His wife has offered to sell it to my brother. We are being pressured to sign court documents that release us from any ties to the estate. We are reluctant because we don't know if there was a will or anything that our Father wanted us to have upon his passing. What should/can we do? We do not want to make it any more difficult for the surviving family members (his 2nd wife and our step-sisters) but we do not want to be taken advantage of and miss out on anything our Father wanted us to enjoy.
A: If there is no will, you and your brother are entitled to most of your father's separate property (property acquired before marriage, property received as a gift or inheritance during marriage, property acquired with separate funds during marriage). You and your brother are also entitled to your father's half of the community property. You should hire a Texas probate attorney to review the documents you've been provided, look into any probate filings so far, and advise you of your property rights and options for collecting your share of your father's estate.
A: The only caveat being that your right to inherit from your father was not severed at the time of your adoption. I doubt your step-mother's attorney would be asking you to sign off if you were not entitled to some portion of the estate.
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