Q: If child 18 yrs died 4 1/2 months AFTER her father in TX, is she an heir equal to her 4 siblings and 2 step siblings?
I asked Atty probating husband's estate several times in writing about deceased daughter. Atty said deceased child wasn't an heir; did not inherit share equal to siblings. Despite my concerns Atty filed estate documents w/out incl. deceased child as an heir. Now Atty sent me deed from estate to sign, to transfer ownership of house (to be sold soon) husband and I bought & owned jointly, to the children and I. I'm aware decedent's estate is divided 50% me; 50% between children. I still question deceased daughter's share. My friend referred her relative, a retired Texas Atty. who said deceased daughter is heir same as her 6 siblings; and her share passes to her closest living relative-surviving parent. (Daughter was 18, no spouse/kids at death). I was charged/paid Estate Atty's $7000 fee. IF THIS IS CORRECT ACCORDING TO TEXAS INHERITANCE LAWS, is it still possible to get estate records corrected to provide for our deceased daughter's share, before estate deed is transferred and filed?
A:
If the daughter lived for 4 1/2 months after the father passed away then she is considered an heir at the time of his death because she was alive. At this point her share would belong to her estate or whomever it has been determined her estate belongs to. If there is a court probate proceeding then there probably needs to be an objection filed as to the heirship of the daughter.
It's best to contact a probate attorney who handles contested probate cases as soon as possible. If the property is going through a title company you may want to alert them if you are concerned about ownership.
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