Hereford, TX Estate Planning Law Firms & Lawyers

It is not clear if the deceased's spouse was alive at his death. If she was alive at his death and she was omitted from the trust for whatever reason she would have the right to elect to take against the estate but the election must be made rapidly. If an estate was opened in the probate division of the circuit court (if the trust was contained in a will this would be the case). That election would have to be made within six months of the grant of Letters Testamentary or Letters of Administration. If the spouse has since died at the very least an estate should be opened for her. The heirs of the wife need to hire counsel to protect their rights.

I think it's useful to discuss the different between what happens when someone does have a will, and when someone doesn't. In Texas, a person who dies without a will is known as "intestate." In that case, with your father's set of facts, the rule is that if he died intestate and had no other children outside of his marriage to your mother, your mother would indeed take everything upon his death. Because your father had a will, this default rule does not apply. The details and contents of your father's will determine what you are indeed entitled to. If your mother has begun the probate process, she will be required to submit an original version of his will to the court where it will then be made public. You can then see what his will said by looking up the case information online (available in many of the larger counties in Texas) or by contacting the county clerk's office. It appears as though your father made provisions for you in his will, but it's a good idea to consult a local attorney experienced in probate matters to discuss the specifics of your case. That way you'll have all of the information you need to decide how to move forward. Good luck.