Austin, TX asked in Probate for Texas

Q: My dad passed last week can't find will but he married his ex wife she wants to take all and just cremate him f

He has life insurance bought cars for all but she wants it all what can I do

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2 Lawyer Answers
Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: Hire a local probate lawyer to file an Application for Determination of Heirship and Letters of Independent Administration. As a child of a previous marriage you, as well as the current spouse, are an heir.

Dillon B Norton
Dillon B Norton
Answered
  • Probate Lawyer
  • Houston, TX
  • Licensed in Texas

A: Also, check the probate records department at your local county clerk's office to see if your father filed a will for safe keeping. Not many people do it, but it's worth looking into. Take a death certificate or obituary and a form of ID. If you're listed as an authorized person who may retrieve the will, they will give it to you. Some counties also let a named executor retrieve the will. If you are neither, then you will need a court order to get the will.

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