I live in Ohio, however, my father and his wife had their will done in Virginia and he died in Texas. My question is this, I am an only child and my father has no other blood children, on the day of his death all assets were forwarded to his wife, am I, being the sole living blood heir entitled to a portion of his estate, or the value of his estate, on the day of his death?
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Entitlement
- Thread starter Banana02
- Start date
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Please explain how his "assets were forwarded to his wife on the day of his death".
What state was his will probated in?
DANDY DON IN OKLAHOMA ([email protected])
What state was his will probated in?
DANDY DON IN OKLAHOMA ([email protected])
Entitlement reply
I have no idea what state the will was probated in, I will assume that it was Texas. The will was done in 1977 and it left everything to her upon his death, however, the will states that upon death all assets will go to the spouse and then to their 4 children. There is only one of me and she had 3 children from a previous marriage, does that make the will null and void? Would it be considered a fraudulant will, under false pretenses? Please advise.
I have no idea what state the will was probated in, I will assume that it was Texas. The will was done in 1977 and it left everything to her upon his death, however, the will states that upon death all assets will go to the spouse and then to their 4 children. There is only one of me and she had 3 children from a previous marriage, does that make the will null and void? Would it be considered a fraudulant will, under false pretenses? Please advise.
First thing you need to do is to find out IF the will was even probated. So contact the county courthouse probate court of the city where he died to find out.
Secondly you need to have a Texas attorney look at the will to examine the wording to see if everything is correct. The language you have used is somewhat confusing because you say assets were left to the spouse AND THEN to the children, so it's hard to figure out whether the assets are to be split among 5 parties or just to the spouse.
If the will was not probated you need to try to figure out if there are enough assets left now to make probate worthwhile. If the will was not probated, then you would surely receive a portion of the estate as a surviving child.
Due to the passage of so much time, you might be nullified by a statute of limitations, but a Texas probate attorney can advise you if that is applicable or not.
DANDY DON IN OKLAHOMA ([email protected])
Secondly you need to have a Texas attorney look at the will to examine the wording to see if everything is correct. The language you have used is somewhat confusing because you say assets were left to the spouse AND THEN to the children, so it's hard to figure out whether the assets are to be split among 5 parties or just to the spouse.
If the will was not probated you need to try to figure out if there are enough assets left now to make probate worthwhile. If the will was not probated, then you would surely receive a portion of the estate as a surviving child.
Due to the passage of so much time, you might be nullified by a statute of limitations, but a Texas probate attorney can advise you if that is applicable or not.
DANDY DON IN OKLAHOMA ([email protected])
Entitlement reply
I have just found out that the will was null and void because of the passage of time and the fact that he died in Texas and that the will was drawn up in Va. The wording was that all assets were left to his wife and then his four children, but I am his only blood child. They had no more together and he did not adopt her children. The will states leads you to believe that the 4 of us were their children together, that is not the case. I also found out that the will was not probated anywhere, she just took over all assets. I have contacted a Texas attorney and am waiting for a reply.
I have just found out that the will was null and void because of the passage of time and the fact that he died in Texas and that the will was drawn up in Va. The wording was that all assets were left to his wife and then his four children, but I am his only blood child. They had no more together and he did not adopt her children. The will states leads you to believe that the 4 of us were their children together, that is not the case. I also found out that the will was not probated anywhere, she just took over all assets. I have contacted a Texas attorney and am waiting for a reply.
From whom did you find out that the will was null and void?
That you are his only "blood child" doesn't mean diddly in terms of a will. If your father was legally competent to write a will and wanted to write a will that said, "To my child, Banana, I leave nothing. To my spouse's children, Grapefruit, Kumquat, and Golden Delicious, I leave one-half of my estate," there would be nothing at all wrong with the will.
When did your father pass away?
That you are his only "blood child" doesn't mean diddly in terms of a will. If your father was legally competent to write a will and wanted to write a will that said, "To my child, Banana, I leave nothing. To my spouse's children, Grapefruit, Kumquat, and Golden Delicious, I leave one-half of my estate," there would be nothing at all wrong with the will.
When did your father pass away?
Some Random Guy
Senior Member
"the will was null and void because of ... and the fact that he died in Texas and that the will was drawn up in Va."
Really! I am truly amazed. So if I die while on vacation in another state, my will is no longer valid? I guess I'll have to get a will drawn up in every state then!
Really! I am truly amazed. So if I die while on vacation in another state, my will is no longer valid? I guess I'll have to get a will drawn up in every state then!
Entitlement reply
I found out that the will was null and void because it is a fraud. It states that "to his wife I leave x and to myu 4 children, (our names) I leave Y." That statement makes the will fraudulant since he never adopted the other children and they are not his. As far as the Va, Tx boundries are concerned, Va back in the early 70's had quite strict estate laws that are not laws and do not stand up in Tx court, again, making it null and void.
I found out that the will was null and void because it is a fraud. It states that "to his wife I leave x and to myu 4 children, (our names) I leave Y." That statement makes the will fraudulant since he never adopted the other children and they are not his. As far as the Va, Tx boundries are concerned, Va back in the early 70's had quite strict estate laws that are not laws and do not stand up in Tx court, again, making it null and void.
frankrozanc
Member
Will validity?
The only way you can know if the will was valid is by consulting with a Virginia attorney. A will is valid if it is valid in the state where it was drafted. If the will is indeed invalid, then you have a claim as an heir at law under Texas intestate succession.
The only way you can know if the will was valid is by consulting with a Virginia attorney. A will is valid if it is valid in the state where it was drafted. If the will is indeed invalid, then you have a claim as an heir at law under Texas intestate succession.
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