My step family is leaving me out of my father's estate.

[nkjones]

I believe my step-family are leaving out on my father's legacy, he died about 2 weeks ago, and they seem to be dividing things up amongst themselves and not telling me. What do I do?

 

[army judge]

I believe my step-family are leaving out on my father's legacy, he died about 2 weeks ago, and they seem to be dividing things up amongst themselves and not telling me. What do I do?

First of all, please accept my condolences due to your dad's recent passing.

I pray you will find comfort and strength during this difficult time.


How old are you?

Do you have any other brothers or sisters?

You say "step-family", does that mean your dad was LEGALLY married to another woman?

Did you live with your dad?

Where is your mother?




You and your siblings (by your deceased father) are entitled to 66% of your dad's estate and stuff.

His wife is entitled to 33% of his estate.

The estate I am referencing are items he brought into the marriage, not items acquired during the marriage.

That would belong entirely to his wife.

There are some exceptions.

The two statements above are the norm.

If you're a minor, you'll need an adult (perhaps your mother or LEGAL guardian) will have to become involved.

If you're an adult, you should seek the counsel of an attorney.

Here is a link that explains Texas intestacy laws:

http://www.mystatewill.com/statutes/tx_law.htm

(b) Intestate Leaving Husband or Wife. Where any person having title to any estate, real, personal or mixed, other than a community estate, shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows:

1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants.

2. If the deceased have no child or children, or their descendants, then the surviving husband or wife shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person, and the other half shall pass and be inherited according to the rules of descent and distribution; provided, however, that if the deceased has neither surviving father nor mother nor surviving brothers or sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate.


http://www.livingtrustnetwork.com/e...ntestate-succession/texas-intestacy-laws.html

 

[nkjones]

I am 33. I have one half brother from my father's first marriage, he is about 10 yrs older than me. He was legally married to my step mother, I think. I did not live with my father at the time of his death, but I did live there while I was in college. My mother lives in another city. He divorced my mother when I was a teenager.

 

[nkjones]

Particularly what is bothering me is that my step mother has given my father's truck to my step sister. It would not bother me as much, but I currently need a vehicle and it was my father by blood. She offered me some old pictures of him.

 

[army judge]

OP, you might want to see a lawyer.

If the truck was acquired during the marriage, it belongs to her 100%. If dad had it before the marriage, you could be entitled to the truck. That is why you might need to speak with a lawyer.

If the truck is an old beater, financially, it won't be worth a lawyer. If the truck is worth much more, it could be worth it.

How long were they married?

 

[nkjones]

They were married since 1998, looks like I may be out of luck.

 

[army judge]

They were married since 1998, looks like I may be out of luck.

Looks that way.

 

[nkjones]

So I have no rights at all at this point?

 

[army judge]

So I have no rights at all at this point?

As I previously advised you, talk to a couple of local lawyers.

The first meeting is free.

Ask lots of questions, share everything with them.

They'll have questions for you.

This is not a substitute for an attorney-client relationship.

Yours is a complex and unique situation.

This forum provides basic, generic information.

You now need a personalized consultation.

Do a bit more due diligence to discover what your rights are specifically.

Bottom line, think of this like WebMD.

You know what your medical symptoms could be, now you need to see a physician.


In your case, it is time to see a real lawyer, not a virtual one!!!

 

[nkjones]

Thank you very much.