Father stated in will he had not children

[vickig]

My ex husband just died, He wrote his will, and stated that he was not married and had no children. He was an only child, his family are all dead, and he has one daughter. I received a copy of the will, and he left everything to the executrix. What can my daughter do? We live in Texas, and she is 38 years old.

vickig

 

[advisor10]

3-23-2002

DEAR VICKIG:

Is this executrix related to him?

What is the value of the estate?

What month and year did he die?

SINCERELY,

advisor

 

[vickig]

sr. advisor answers to questions

Thak you,

I was called Feb. 26, 2002 by a man saying he was a friend, and he had found Bill (father) dead in his home on Feb. 25, 2002, he called me on the 26th and they were going to bury him the 27th.

I do not know what the value is of the estate, and don't know how to find out. I know he had a townhouse, and another house.

The excutrix is a friend, I guess, from what I understand, he had about four friends that work in a jewelry shop, and these are the people that are involved. I was told, he sold his townhouse to one of them for $1.00, his car, and a trailer he had just purchased.

Thank you,
for your help.

He was an only child, he has no living relatives except for his daughter.

vickig

 

[I AM ALWAYS LIABLE]

Re: sr. advisor answers to questions

Thak you,

I was called Feb. 26, 2002 by a man saying he was a friend, and he had found Bill (father) dead in his home on Feb. 25, 2002, he called me on the 26th and they were going to bury him the 27th.

I do not know what the value is of the estate, and don't know how to find out. I know he had a townhouse, and another house.

The excutrix is a friend, I guess, from what I understand, he had about four friends that work in a jewelry shop, and these are the people that are involved. I was told, he sold his townhouse to one of them for $1.00, his car, and a trailer he had just purchased.

Thank you,
for your help.

He was an only child, he has no living relatives except for his daughter.

vickig

My response:

Although not provided for in the will, decedent's children may have "statutory share" rights in decedent's estate. The Decedent's children, although omitted from the will (or other "testamentary instrument"), may have claims to a "statutory share" of the estate as "pretermitted heirs."

In order for your daughter to obtain her statutory share; i.e., in this case, the entire Estate, she will have to sue the Executor and those persons who received the "res" (Latin for "the body") of the Estate - - the house, the condo, the vehicles, the trailer, the bank account money, etc. - - to have the distribution of the res "set aside" based upon "intrinsic mistake" of your daughter's father; that is, she will have to prove that, at the time of the making of the Will, or thereafter, that the father knew of your daughter's existence, but through some mistake, failed to provide for her in his Will. If your daughter can prove that the Executor knew about your daughter, and failed to have the Will filed for probate to protect her statutory share of the Estate, then your daughter can also sue the Executor for "extrinsic fraud."

If she is successful, the court can order that all transactions with regard to the properties be "reversed" (taken away from the third parties) and given to your daughter.

Good luck.

IAAL

 

[vickig]

Father left daughter out of will

Thank you so much for your reply. I have an appointment with a lawyer from the city the father died in today. I have made copies of the will, birth certificates, etc., I am on a fixed income and have no idea of the cost. I just know this is wrong, to say I have no children is a lie. I know the executrix and his friends knew he had a daughter, and certainly the father knew, he an I talked all the time and he would ask about her. We are shocked, and my daughter is deeply hurt. The father was also drinking a lot and on medication. Thank you so much. How will the lawyer determin what is left in the estate, since the father was selling his house and things for a dollar? Will there be a bill of sale? How will we know? Thanks again.

vickig

 

[vickig]

IAAL\vickig

I did get a lawyer, and he told me that there are three ways we can win this case. forgery, was something wrong with his mind, or undue pressue put on him when making the will. The attorney found out the will was to be probated Thursday, tomorrow, so he is filing today what ever you file to stop the probate. My daughter and I are so frightened, we don't even know what the estate consists of at this point, and I have never been involved in a law suite. The lawyer didn't promise anything, except he advised that we stop the probate. The fact that the father stated he had no children, and indeed has one child is false, and that the executrix is aware he has a daughter, was enough to see what we can do. I really appreciate your advice, but I must say, I know the will was not forgery, I don't know how to prove his state of mind, and I don't know these people that he left the estate to.
Thanks again,
vickig