Venus, TX Estate Planning Law Firms & Lawyers

Hire a lawyer to file a petition for probate and assist with the estate administration. This should be in the state of his domicile (permanent residence). Additional probate administrations may be necessary in states where he owned real property. Did he leave a will? If so, it probably nominates an executor. If not, then his wife has priority to serve as administrator, but if she does not want to do so, or if she doesn't act within a month, then one of his children can file the petition.

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.

Whether or not you had children together is irrelevant.  Whether he had a child with someone else affects how his separate real property, if any, passes under the Texas laws of descent (real estate) and distribution (personal property). Pensions, 401(k)s and IRAs pass to the designated beneficiaries.  If you are named as the beneficiary, they pass to you.  If no beneficiary is named, pensions pass according to the rules of the pension plan, 401(k)s pass to the surviving spouse and IRAs pass to the estate.  Since IRAs are usually created with community assets, they are usually viewed as community property.  The surviving spouse retains her 50% community property interest.  The deceased spouse's community property interest passes according to his Will or, if there is none, according to the Texas laws of descent and distribution. In Texas, even if the home was separate property, purchased before the marriage and paid for with separate funds, the surviving spouse has a right to live in it for life. Please see a local probate attorney about probating (proving) your husband's estate.