Father's Estate - No Will

[ca_mooman]

What is the name of your state? TX

My father is terminally ill in the hospital and has no will.
My stepmother of 15 months is living in the hospital room with him and denying him fluids in an effort to hasten his death.
Is there any way I can have her removed from the room?

His estate will be divided without a will, however, she is already moving in her 4 sons and their families. I went to the home to retrieve family photos and such and she threatened to call the police. My father knew I had a key and told me I could come in anytime. She has since changed all locks and chained the doors.

I've reviewed TX law and found that 2/3 of his estate should go to myself and my sister with the wife getting 1/3 - seperate property. My fear is that they will steal his collectible heirlooms(plates, coins, etc...) before I even have a chance to have the estate appraised. Can I freeze the estate untill appraisal and will the estate pay for the appraisal fees?

This is a very bad situation as she is using my fathers money to battle with and her sons are insane drug addicts playing with guns in my dads living room while he dies in the hospital.

Any advice would be greatly appreciated.
Thanks.

 

[djohnson]

What is the hospital and hospital staff saying and doing about her in the room denying him fluids? There should be an IV, how is she stopping that? Something sounds odd here.

 

[Dandy Don]

Check with the man's doctor or with the hospital staff to find out if you have any input into medical decisions or whether it is just the wife's responsibility or if she even has a medical power of attorney.

How old is the man and is he lucid enough to communicate with people? If so, then you would be wise to get a probate attorney to visit him and help him draft a will.

How do you know for sure that there isn't a will? What if the wife has had one drafted for him that you don't know about? If you get a newer will done it will supercede the older one, but the problem is going to be getting it done without the wife knowing about it.

 

[ca_mooman]

Thank You for the responses.

My Father passed 12/29/03.

He was never lucid enough to ask for or sign anything while in the hospital.

Now, the ex is moving all of her sons into his home and calculating how much money she can make by selling off his unused prescription medicines. She will not allow me access to the home and at the same time is faking sympathy while making funeral arrangements - I feel as if I could vomit.

I will be speaking with a probate lawyer tomorrow but would love to hear any further ideas or suggestions.

Thank You and Happy New Year to All