Staples, TX Estate Planning Law Firms & Lawyers

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.

If your mother left behind any assets (bank accounts, insurance policy proceeds, etc.), those monies are to be used to pay her debts. If she did not, then the estate is insolvent and will be unable to pay her creditors. It's unclear from your question whether or not your mother left behind a last will & testament, but it's a good idea for you to consult with a local attorney familiar with estate planning for more guidance.

If your children are adults, you do not have to provide for them in your estate plan - you can leave your estate to whomever you choose; however, if you do not complete an estate plan during your lifetime, your children may be the statutory heirs of your estate. I recommend you consult with an attorney as soon as possible to discuss your objectives.