Q: Texas Inestate law for an adult child , decedent was married but NOT to childs father.
Asking this for my Cousin who lives in New York and unfamiliar with Texas law after the death of a parent. My Aunt/ his mother passed away in May 2018 in Coryell County, Texas. She was married to another man who was NOT his father. They own a house together and other property such as vehicles etc. He was recently contacted by the stepfathers daughter telling him they needed him to sign a form so he can trade in a vehicle where his (Mother is on the title, stepdad was a cosigner) for him to get a different car. The car dealership said it was needed as well. We did find out that Probate was NOT opened. There is no Will so it is INTESTATE. What are his rights as the only child to her? Again, her husband is NOT his biological or adoptive father. I just got a call that he took the vehicle to a dealer and traded it in yesterday without my cousins knowledge!! Any information you can give us so I can help him is so appreciated.
A: Your cousin should contact a probate lawyer in the county where the property is and/or where the person died. Your cousin can open a probate proceeding if necessary or there may be more feasible options depending on the facts of the case.
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