New York, NY asked in Real Estate Law and Probate for Texas

Q: My mother died without a will in the state of TX , by law what do my siblings and I have the right to inherit?

Our Stepfather kept from us she was terminally ill and has been acting funny. He didn't allow us to even take her personal belongings because "he paid for them" and he is saying we have no right to inherit anything because "its all his money". We are not 100% sure there is a will. And if there is... he is probably hiding it from us. Considering we don't find the will. There are 2 properties on both her name and her husband's name. Is it realistic for us to inherit anything?, and if so what do we have to do? Please Help

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

A: Hire a local probate attorney to file an Application to Determine Heirship and Issue Letters of Independent Administration. As children of another relationship, you are entitled to your mother's 50% community property share. What else will flow to you depends on what it is. It does not matter which member of the marital property paid for something during the marriage. Be aware, however, that your stepfather has a right to remain in the home for life regardless of who bought it or when.

Tammy L. Wincott agrees with this answer

Tammy L. Wincott
Tammy L. Wincott
Answered
  • Probate Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: Contact an attorney in the County where your mom has property. You should be able to have a telephone consultation and they are usually free.

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