My Stepmother who is in Texas is resisting giving us anything, let a lone what we deserve of our fathers estate. I am in Maine and need some advice on how to obtain legal help without a down payment to an attorney cause I can't afford one. The Pinetree Legal Service in Maine won't help me either.
2007-12-11 06:27:14 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
In Texas the child is entitled to a share of their parent's estate if there is no will. If there is a will leaving the estate to another then there is no right to anything.
You have the right to inhearate under the law,
"When a person dies Intestate (without a will), 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 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 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.
[community estate in Texas is any property purchased during the marriage with the earnings of the husband or wife]
The burden will be on you, as the descendent, to prove you are entitled to your share. This means you WILL have to hire an attorney, who should be licensed in Texas, to assert your rights.
If it turns out that your father left a will, the will controlls the distribution of his estate. If he left it to you you get it, if not then it is his spouse's to do with as she wishes.
If he has any property in Maine, the laws of Maine will control only that property.
2007-12-11 07:32:14 · answer #1 · answered by Cindy B 6 · 1⤊ 0⤋
What is your father's estate? Did he leave a will? If he did not, you have a very limited claim to anything baased on the intestate laws of Texas and would recieve the share you are entitled to from the administrator of the intestate estate. Contact the probate court in the county he lived in. If there is a will arrange to get a copy and contact the executorr if the terms have not been fulfilled. In either case, the probate clerk can offer some assistance without giving legal advise
2007-12-11 06:37:10 · answer #2 · answered by wizjp 7 · 3⤊ 0⤋
My suggestion would be to seek legal advice as to what your rights are. Do you know if your father had a will? If he did, I'm pretty sure they will divide the estate up according to how he wanted. I wish you the best of luck with your situation.
It also may vary from state to state.
2007-12-11 06:37:22 · answer #3 · answered by Rachael 2 · 1⤊ 0⤋
Did your Dad leave a will? If so, then you 'deserve' whatever the will says you get.
If he didn't leave a will, then the Texas rules of intestacy say who gets what.
That would be that 1/2 of all community property goes to the surving spouse, and the other half is divided among all the deceased spouse's children, or their heirs if they predecease him.
If he owned any sperate property - ie anything he owned before the marriage that did not become community property - then 1/3 of it goes to the surviving spouse, and 2/3 is divided among all the deceased spouse's children, or their heirs if they predecease him.
Richard
2007-12-11 06:58:59 · answer #4 · answered by rickinnocal 7 · 2⤊ 1⤋
If your father had a will and left everything to your step-mother, then you are out of luck. She does not have to give you anything from the estate, at your father's request.
2007-12-11 07:08:30 · answer #5 · answered by Anonymous · 2⤊ 0⤋
First off, your dads will, if he had one, should very clearly spell out who gets what, not your step monster. Most step anythings that get a hold of money play the control game...F that!!! He was your dad and she kinda just came into the dough...so she needs to hand over anything you have coming to you...if it is in his will. The reality is any good attorney will give you a free consult and they can tell you what to do and where to go from there...if there is money coming to you the attorney may take a portion of it to pay the bill...it is always worth asking an attorney for that kind of arrangement after they have given you a consult for free DO NOT OFFER IT BEFORE!!! Hope this helps....
2007-12-11 06:44:05 · answer #6 · answered by DWInSTL 3 · 0⤊ 4⤋
Did your father leave a will in which you where left certain things? if so you may need to hire a lawyer
if their was no will and assets went to the step mother, she has no legal obligation to give you anything of your dad estate
sorry about that
2007-12-11 06:32:16 · answer #7 · answered by goz1111 7 · 4⤊ 2⤋
They're probably not helping, because you don't have a legal leg to stand on! She was his wife. She is first in line!
2007-12-11 06:34:20 · answer #8 · answered by primalclaws1974 6 · 1⤊ 2⤋
lmao looks like your out in the cold
2007-12-11 06:31:20 · answer #9 · answered by Jethro 2 · 2⤊ 2⤋