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  • Meridian, TX

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Looking for Estate Planning Lawyers in Bosque Co.?

Estate planning attorneys help individuals prepare for the management and distribution of their assets after death or incapacitation. They create legal documents such as wills, trusts, powers of attorney, and healthcare directives. Their work ensures a client’s wishes are honored, minimizes potential taxes, and simplifies the process for their loved ones.

Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Did he own half of everything they had or does that just apply to debt?

Kimberly Demetrice French
Answered by attorney Kimberly Demetrice French (Unclaimed Profile)
Estate Planning lawyer at Law Offices of Kimberly D. Moss, PLLC
Texas is a community property state, so once your father married your stepmother, the property and income they acquired became community property. Because your father died without a will, the Texas intestate succession laws apply. They determine who is entitled to what part of your dad's estate. Because he left behind a fairly large amount of property, it is necessary for his estate to go through the legal proceeding known as administration. Please make sure to consult with an attorney who is experienced in this type of law. Your step mother's 401k belongs to her. It will be up to her to determine who should inherit it because from your question it appears she is still alive. If she writes a will, that will determine who is entitled to her 401k and retirement accounts.
Texas is a community property state, so once your father married your stepmother, the property and income they acquired became community property. Because your father died without a will, the Texas intestate succession laws apply. They determine who is entitled to what part of your dad's estate. Because he left behind a fairly large amount of property, it is necessary for his estate to go through the legal proceeding known as administration. Please make sure to consult with an attorney who is experienced in this type of law. Your step mother's 401k belongs to her. It will be up to her to determine who should inherit it because from your question it appears she is still alive. If she writes a will, that will determine who is entitled to her 401k and retirement accounts.
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How do I request information about my share of will or inheritance after my father passed away?

Eric James Smith
Answered by attorney Eric James Smith (Unclaimed Profile)
Estate Planning lawyer at Law Office of Eric J. Smith
If you have an interest in your father's estate, you can file an application for a probate administration, or file a contest if your brother or someone else has started one. However, if you have a trust, it is possible all of your father's assets were placed in trust and no probate is necessary. Look to real estate records to see if real property you think your father owned is actually in his name or in the name of a trustee. If everything is in trust and you are a beneficiary, you can sue the trustees for breach of fiduciary duty. If you are not a beneficiary , you may be out of luck.
If you have an interest in your father's estate, you can file an application for a probate administration, or file a contest if your brother or someone else has started one. However, if you have a trust, it is possible all of your father's assets were placed in trust and no probate is necessary. Look to real estate records to see if real property you think your father owned is actually in his name or in the name of a trustee. If everything is in trust and you are a beneficiary, you can sue the trustees for breach of fiduciary duty. If you are not a beneficiary , you may be out of luck.
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What do I do if my mother has passed without signing over a power of attorney?

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Answered by attorney James G Maguire (Unclaimed Profile)
Estate Planning lawyer at James G. Maguire
A power of attorney ceases to be valid on the date of death. To manage your mother's estate, you would have to qualify as the Administrator of the estate.
A power of attorney ceases to be valid on the date of death. To manage your mother's estate, you would have to qualify as the Administrator of the estate.
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