Montgomery, TX Estate Planning Law Firms & Lawyers

If you are not a blood relative of this person, and his family is now coming to assert ownership of his property and belongings, you cannot legally change the locks of his home. Even without a will, a person's belongings pass by a law known as intestate succession, so the relatives coming out of the woodwork have a legal claim to the residence as well as any other items of value he left behind. They can assert this claim by filing a small estate affidavit in the county where your friend died.

Your situation is sufficiently complex (unmarried couple, real estate that is the separate property of one of the partners) that you need to meet with someone who does estate planning, and perhaps someone who can help you with a separate property agreement. These are not easy conversations to have, as a number of people fear that the separate property agreement is really a "pre-separation" agreement, when it is really a device to set down your desires on paper so that everyone understands and there is no confusion. It is unusual that a person who owns real estate would opt for a will over a living trust, but it happens. The estate planner with whom you consult can evaluate your situation and advise you appropriately.

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.