Pflugerville, 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.

Living trusts are excellent devices for older couples that are very organized. In order to make a living trust work, you have to transfer assets regularly into the trust as opposed to personally owned. ?You have to track asset sales (if you sell a car owned by the trust, the proceeds are trust money not personal money. With younger couples, there is a tendency to ignore the technicalities of the trust and treat all assets as personal, then when there is a death the judge has no choice but to declare the trust has no assets and then you don't have a will or a trust. As an aside, there are a number of shady life insurance or investment salespeople who push living trusts very hard like they are the solution to every problem but what happens is the second they get your payment for the life insurance, they disappear and you get no help in implementing and maintaining the trust. A living trust is a way to avoid the costs of probate but the cost of a properly executed living trust - for most families is more than the cost of probate. ?Obviously, a wealthy family (assets in excess of $10 million) has entirely different considerations, particularly a family that controls a successful business. For most couples, wills and a careful review of the non-probate assets - (life insurance, IRAs, 401(k)s, annuities, inheritances, pensions and various other assets ARE NOT CONTROLLED BY THE WILL - this is a particular problem where the couple isn't married) are the best option.