Burkburnett, TX asked in Real Estate Law and Probate for Texas

Q: So Far Two Local Attorneys Can't Riddle It. Law, Probate, Real Estate Question; Apparently Intricate Details.

My Grandma (4/17) and Dad (11/3) have passed away in the last year, both intestate. I need to know if her possessions, specifically house and car, went to him even though they weren't "officially" transfered over? I was a step child to him and was never adopted after my Mom and him divorced. Him and I were in the process of officiating a will and we also talked about legal adoption before he went into the hospital in June. He only has a surviving Nephew and an Aunt. If the Nephew signed a Affidavit Of Heirship over to me in regards to my Dad, to handle the probate process if any, and for me to receive the estate, could his Aunt contest it? I understand that there is an order: spouse, children, parents etc. I was the only person close to them and am trying to honor and respect them. My Grandma and Dad hadn't talked to the Aunt in 10yrs due to bad blood. She threatened selling everything and seems to never have respected my Dad and Grandma.

Thank You

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1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: If you were never adopted, you will only inherit if something was left to you by name in the Will. Where what went or where what might go without a Will does not matter: it will never go to you.

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