What is the name of your state?What is the name of your state? Texas
My husband passed away in December 2004 without a will. He has one biological child from a previous marriage. He had a will from his previous marriage that ended in divorce naming his stepdaughter as executrix. It was one of those computer type wills and the four witnesses conveniently cannot be located. The estate is much less than $150,000 with liabilities equaling the assests. Two pieces of property will have to be sold to pay the liabilities. One piece was purchased during our marriage and is community property. The other larger one was purchased three months prior to our marriage and I understand makes it separate property but as we paid on it together for 9.5 years of our eleven year marriage I understand that I have a right to reimbursement of my 50%. Since the estate is literally a "wash" my attorney has advised me to let the stepdaugther be the excutrix as appointed in my late husbands 1988 computer will.
There is nothing in the biological sons nor the stepdaughters behavior and/or actions of the past two months to indicate that they will notifiy me when the properties are sold and certainly nothing to indicate that they will willingly come forth with my portion of the proceeds.
Please advise me of the best way I can protect myself and obtain the portions of the funds due me from the sale of these two properties.
I have one thought ~ my father loaned my husband and me $30K. Could his (my father's estate) place some sort of lien against the properties?
Thanks
My husband passed away in December 2004 without a will. He has one biological child from a previous marriage. He had a will from his previous marriage that ended in divorce naming his stepdaughter as executrix. It was one of those computer type wills and the four witnesses conveniently cannot be located. The estate is much less than $150,000 with liabilities equaling the assests. Two pieces of property will have to be sold to pay the liabilities. One piece was purchased during our marriage and is community property. The other larger one was purchased three months prior to our marriage and I understand makes it separate property but as we paid on it together for 9.5 years of our eleven year marriage I understand that I have a right to reimbursement of my 50%. Since the estate is literally a "wash" my attorney has advised me to let the stepdaugther be the excutrix as appointed in my late husbands 1988 computer will.
There is nothing in the biological sons nor the stepdaughters behavior and/or actions of the past two months to indicate that they will notifiy me when the properties are sold and certainly nothing to indicate that they will willingly come forth with my portion of the proceeds.
Please advise me of the best way I can protect myself and obtain the portions of the funds due me from the sale of these two properties.
I have one thought ~ my father loaned my husband and me $30K. Could his (my father's estate) place some sort of lien against the properties?
Thanks