Q: Texas. Single father without a will dies. Do his 2 daughters get all his belongings?
He also verbally stated at the beginning of his illness that he wants everything he owns to go to his daughters. Does a verbal statement as this hold up in court? And without a will, doesn't Texas law state that all his belongings go to his next of kin, who would be his daughters in the absence of a spouse? Does that include his vehicle, even though the girls are minors? Both daughters are minor children who live with their mother, who is their legal guardian.
A: When someone in Texas dies without a Will, if the heirs are adults and there is little property and no debt not secured by real estate, they may be able to file an Affidavit of Small Estate, promising to pay any outstanding debts. Since both daughters are minor children, the mother should hire a local probate attorney to file an Application for Determination of Heirship and Letters Testamentary. It may be that the two daughters are the only heirs. The court must make sure and, because they are minors, make sure that their interests are protected.
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