inheritance

[Ms. Tracy]

my son's (age 20) father (my ex) was killed, while on the job. the accident involved a railroad company. his father remarried about 9 yrs ago. what rights does my son have to any settlement with the railroad, what is the inheritance law regarding heirs in the state of texas? my son's step-mother has never shared any information regarding life insurance or any settlements. My ex did not have a will.

 

[advisor10]

JUNE 25, 2001

DEAR MS. TRACY:

Approximately how long ago did the father die?

The first thing you need to do is to check at the county courthouse (of the city where the father died) to see if the stepmother (or an attorney representing her) has filed papers to be "Personal Administrator" (means the same thing as an executor) of the father's estate. If any papers are on file, try to get a copy of everything, but the main thing you need to find out is the personal administrator's name and address and phone number so you (or, preferably, your attorney) can contact them. You need to make sure that the administrator knows your address and phone number so they can reach you when it is time to issue a check from the estate.

Here is what the law says about inheritance in Texas when there is no will:

Spouse gets 1/2 of community property, 1/3 life estate in separate real property, and 1/3 separate personal property to spouse; and the balance of the estate goes to the children.

Are there any other children or stepchildren involved?

You need to get a probate attorney or business law attorney (preferably in the same city or state where your husband died) to represent your son's interest in this estate. HE WILL BE ELIGIBLE FOR A SHARE OF THIS ESTATE, but you can't depend on the stepmother or her attorney to automatically keep you informed about what is going on (they probably are trying to keep everything secret).

Your attorney can review the documents regarding the accident settlement to make sure it is included in the father's estate. The life insurance does not have to be reported as part of the estate, since this is separate, but the attorney may want to find out who was named as beneficiary if any life insurance policies were paid out, to see if perhaps your son was named as a beneficiary. After all of the father's assets are added up, then take out deductions for taxes, outstanding debts and funeral expenses, then whatever is left is split amongst the heirs/beneficiaries and your son should be receiving a nice-sized check for you to put into a trust account or invest until he becomes an adult. Don't wait too long to find an attorney.

SINCERELY,

[email protected]