Fritch, TX Estate Planning Law Firms & Lawyers

You may very well have a valid legal claim and the time limit for bringing this claim has likely already started running. The answer to your question depends on whether or not your father left a will or a trust. If he did not, and there was no surviving spouse, you would have certain rights under the law to a portion of your father's estate, and perhaps even all of it. In such a case, you would have recourse against your uncle and your father's girlfriend for taking the property. You should consult with an attorney experienced in probate matters as soon as possible to discuss the details.

Until a couple is granted a divorce by a court, they are considered married. So your stepmother was still your father's wife at the time of his death. Many states allow a surviving spouse some part of the estate (what used to be called the widow's portion) but it's certainly not 50%. If the will is valid, it's unlikely that your stepmother can claim anything beyond what state statute allows.

You and your other siblings can refuse to accept your shares of that part of your mother's estate if the estate is still open. Or you can sell your shares to your brother.