Navasota, TX Estate Planning Law Firms & Lawyers

To put it simply Someone, usually the primary heir, hires an attorney and files a probate action in the county where the deceased last resided. Then all beneficiaries are notified and the court appoints a personal representative After that all assets are gathered, debts paid and the rest distributed At times if real property is in multiple states multiple probates may be needed (one in each state where there is property) SO It does not happen automatically. Probate and attorneys can get expensive so the question is are there sufficient assets to worry about.. I advise you to gather all the information you can about your fathers assets and contact an attorney to discuss if it is worthwhile to file a probate action if your apparent step mom does not.

First of all, I'm sorry to hear of your loss. The man who adopted you at two years old is legally your father. As such, you are entitled to inherit from him. You don't say if your father left behind a will or not, but if he did, that would dictate what you're specifically entitled to from his estate. If he did not leave a will, you are still entitled to inherit from your father, although the intestate succession laws would determine what percentage of his estate you are entitled to. I strongly recommend you have a consultation with an attorney in the area where he lived to discuss your options further. Good luck.

If your father died without leaving a Will, his property would not pass to his girlfriend or to his brother. If either individual has taken items belonging to your father's estate, they could be found liable for the value of the property taken. If you believe that it would take legal action to correct the situation, you should understand that you would first need to establish your role as an heir of your father. Depending on the value of the property taken, and a whole lot of other factors, the cost of the process might just outweigh the value of the property that you're seeking.