Floresville, TX asked in Probate for Texas

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?

Related Topics:
2 Lawyer Answers
Tammy Lyn Wincott
Tammy Lyn Wincott
Answered
  • Probate Lawyer
  • San Antonio, TX
  • Licensed in Texas

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.

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

A: Hire a local probate attorney and do this ASAP.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.