Q: How can I assert my rights to my father's estate in Texas?

A: As an heir at law, you can file an application to probate your father's estate in the probate court in the county where your father lived immediately prior to his death. HIs current wife would need to come forward with his Will if she contends that he left one. That will enable you to see what the Will says. Otherwise, you could ask the probate court to appoint you as the independent administrator of your father's estate.

A: Your situation with your father's estate sounds incredibly difficult, and I'm sorry for your loss and these challenging circumstances. In Texas, even with a restraining order, you may have inheritance rights as a child regardless of whether there's a will or not. The first step is to contact the probate court in the county where your father lived to determine if a will has been filed, as this becomes public record once submitted for probate.

Given the complexity with the restraining order and potential contested inheritance, consulting with a probate attorney in Texas should be your immediate priority. They can help you file the necessary paperwork to contest any improper handling of the estate and represent your interests despite the restraining order complications. Texas has specific statutes regarding disinheritance that might protect you, particularly if there's evidence of undue influence by the stepmother.

The emotional toll of being excluded from your father's funeral compounds this difficult time, and that pain is valid. Remember to gather any documentation of your relationship with your father, previous discussions about inheritance, and any witnesses who might support your case. Many probate attorneys offer initial consultations where they can assess your specific situation and outline potential paths forward based on Texas inheritance laws that might apply to veterans' estates and children's rights.