My father-in-law just recently passed away. He had no will. My husband, his brother, and his sister were informed by their step-mother that if they wanted anything of their fathers, they had to buy it. This sounds totally wrong to me. I always thought that the children were entitled to a parents property. Thank everyone for their responses ahead of time. Nickie
2006-08-23 18:26:22 · 6 answers · asked by Anonymous in Family & Relationships ➔ Other - Family & Relationships
In the state of Texas,if a person dies in testate(without a will) the property automatically reverts to the nex of kin,usually a wife.If anyone else wants anything,they have to fight for it in court & let a judge decide.All debts will be paid out of the estate first.
If you have adopted children,they cannot be disinherited!You have to give them a percentage of the estate,according to the # of kids involved.
We went through thgis years ago when my father-in-law passed away in the "70's.
2006-08-23 18:41:19 · answer #1 · answered by Frogmama 4 · 0⤊ 0⤋
I am so sorry to hear this happened to you three,but one of you should have seen to it he made a will.Now that hes gone,you three found out otherwise.Well I hate to say this but she gets everything and is a creep to tell you three you can have anything you want and has her grubby greedy hand out to you,children of the deceased.Here on an even sadder note,if the lady(shes no lady I assure you)has children of her own,your sunk and drowning even more.Plus she could make out a will and leave it to whom ever she damn well pleases.So you three have no choice....But I would go see a good lawyer and get a second opinion.I gave you a first.I pray and wish you luck from the bottom of my heart.I know it hurts.I lost my parents too not too long ago and am grateful in a way because mom left no will but dad did and I got everything being the only child.
2006-08-24 01:42:14 · answer #2 · answered by Candi 2 · 0⤊ 0⤋
I'm so sorry for your loss.
If there was no will, his estate will have to go through probate. The laws vary from state to state, but everything probably went to his wife.
It's not uncommon to buy things from an estate. When my parents passed away, we had trouble dividing some things up equally. So, we sold some of it and divided the money, and, for example, my brother purchased their RV, and we divided that money, etc. We tried to make it as fair and equal as possible.
If you're on good terms with your step mom, ask her to talk to her attorney about probate. Otherwise, get some legal advice on your own.
2006-08-24 01:33:38 · answer #3 · answered by Lady J 4 · 0⤊ 0⤋
that depends, is your mother-in-laws name on the title? if so, then she can do whatever she wants with it. if not then i would talk to a real estate lawyer.
2006-08-24 01:30:47 · answer #4 · answered by ak 1 · 0⤊ 0⤋
TOUGH QUESTION... PLAY IT SAFE GO GET LEGAL HELP...HURRY BEFORE SHE SELLS IT ALL...GOOD LUCK I DO FEEL FOR YOU...
2006-08-24 01:32:25 · answer #5 · answered by Anonymous · 0⤊ 0⤋
u better believe it
2006-08-24 01:38:55 · answer #6 · answered by Anonymous · 0⤊ 0⤋