Texas probate law?

I live in Idaho, my father just died in Texas without a will. What now? A step granddaughter caregiver of the last four years appears to want everything, do I have any rights as his only biological child?

Thanks,

Was he married at the time of his death? Any adopted children? What is the approximate value of his Estate (cash, personal property and real property?)?

Does this step granddaughter have a power of attorney granted to her while your father was alive to handle his finances?

You have legal standing as the next most closely related heir unless your mother is also living. You can wait 30-60 days to see if stepgranddaughter will file anything with the probate court to open up probate, or you can be proactive and hire your own probate attorney to get things started.

DANDY DON IN OKLAHOMA ([email protected])

My dad remarried, my step mother died a few years before him. I have a half sister who was readopted by my step father. I do not know if the step grand daughter had a power of attorney or not. I do not think so. I am his only biological child.

Thanks,

jruner said:

I live in Idaho, my father just died in Texas without a will. What now? A step granddaughter caregiver of the last four years appears to want everything, do I have any rights as his only biological child?

Thanks,

Click to expand...

Jruner, The Texas Property Code is pretty clear about Intestate estates. See the following reference for answers to your questions.
http://tlo2.tlc.state.tx.us/statutes/docs/PB/content/htm/pb.000.00.0000ii.00.htm#38.00

I would think that a Grandchild can only inherit from an intestate thru the Grandchild's parent if the parent were deceased, and would only inherit the share that its parent was to inherit.

Again, what is the value of his Estate? Did he have money, valuable personal property, or own land? Before you start gearing up for a big fight, determine what there is to fight about.

When you mention your half-sister, do you mean you and she have the same mother, but not the same father? And the granddaughter who took care of him for his last four years is the granddaughter of his deceased second wife?

Thanks for the reply. Also I am disabled and on fixed income can I make a claim without a lawyer?

There is some money I do not know how much and there is a house. The step granddaughter is from his second wife. My half sister and I share the same mother. I do not know the value of the house. The step granddaughter calls me talking about me signing over things to her and then deciding what I should get, so I assume there is something at stake here!

Thanks again!

how long do I have to make a claim in Texas probate court? I was told by Harris county vital statistics to wit three eeks to get a copy of thedeath certificate.

Thanks,

Why are you worried about getting the death certificate? If you know anyone in Houston they can go into the vital statistics office to pick that up in person. You do not need the death certificate to open up probate, or you can pay the vital statistics office an extra rush fee to order the document yourself.

What you really need to be doing is talking to at least 1-5 probate attorneys in whatever city/county the death occurred in to be asking whether it would be to your advantage to get probate started or to let the step-granddaughter do it. Believe me, there is a very strong possibility she had power of attorney so she could get access to his finances. You can not do this project without the assistance of an attorney to guide you through the process and the fight with this thieving step-relative who "wants" everything but is not legally entitled to it--you are if you are the most closely related surviving next of kin.