Cameron, TX Estate Planning Law Firms & Lawyers

He passed away in California, California law will control. In Texas you would have a problem. Why did you think you were his legal executor if there was no will or probate proceeding appointing you? While people do start collecting the assets of the deceased right away (frequently to pay final expenses), until appointed, you do not have the right to do so. Taking the assets may be theft. You may need to get all of your receipts together to demonstrate where the money went. You will have a problem since you found cash in the hoard. You will not be able to prove the amount you found. Your step siblings may always hold out that it was more than it really was.

I am not exactly sure what you mean by an "outside child." If you simply mean someone who is disinherited by the Will, the answer is generally no. There is an exempt property allowance of $14k that can be claimed by any spouse or child, so there is a chance the child could elect that. Otherwise, unless the Will is contested, the child would not be entitled to anything. The family could decide to give him something anyway. But there would be no legal requirement to do so.

Hire a lawyer to file a petition for probate and assist with the estate administration. This should be in the state of his domicile (permanent residence). Additional probate administrations may be necessary in states where he owned real property. Did he leave a will? If so, it probably nominates an executor. If not, then his wife has priority to serve as administrator, but if she does not want to do so, or if she doesn't act within a month, then one of his children can file the petition.