Dallas, TX asked in Estate Planning and Probate for Texas

Q: My father never signed his will. He only has myself and my sister as far as family goes. What will happen to all of hi

his assets?

Pardon me, but I don't think the woman who answered first read what I stated. He has myself and my sister, not HIS SISTER. Thank you!

Related Topics:
2 Lawyer Answers
Rafee'a S. Majeed
Rafee'a S. Majeed
Answered
  • Dallas, TX
  • Licensed in Texas

A: A will is only valid if it is signed by the decedent and witnessed by two disinterested witnesses. If there is not a valid will when the decedent dies, then his assets (estate) passes to his heirs through the Texas laws of intestate succession.

Given that your Father never signed his will, it not considered valid. Therefore, his estate (assets) will pass to you (and your heirs) and his sister (and her heirs) according to the laws of intestate succession (i.e. you and his sister will each inherit a share of his assets).

It will be helpful for you to speak with a Wills, Trust and Estates attorney.

I hope this information helps. Good luck to you.

Jaime Victor Papa
Jaime Victor Papa
Answered
  • Estate Planning Lawyer
  • Plano, TX
  • Licensed in Texas

A: If your father passed away, it is likely that the Will won't be enforceable. You and your sister will need to go to probate court upon his death. The distribution of his assets will be determined by statute. I am currently working on a case like this.

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.