La Joya, TX Estate Planning Law Firms & Lawyers

You can always sue anyone, anytime. The question is whether you have a valid claim against them. Just because you are his child does not mean that you are his beneficiary. If your father left a valid Will or trust leaving his assets to another, that is his choice, absent you being under the age of eighteen at the time of his death. This the first question is how old are you? If you are 18 or older then you need to determine if he left a valid Will or a trust. If he left either and you are not the named beneficiary, then you do not have a claim. If not, you may. You should speak to an attorney if you have any questions about your rights.

Technically he could, but legally he should only do what the brother wants and is in the brother's best interest. If your husband is the only one to benefit from the transaction he may be violating civil and criminal laws.

If your parents are deceased, and the sister has the original will AND she's refusing to probate it, you can file an action in probate court forcing them to deliver the original wills to the court clerk. If you can't afford to pay a lawyer to do it, you might check with a local law school and see if a legal clinic or law professor can assign a student attorney to do it for you.