Losing a loved one is never easy, and the process can become even more complicated when the deceased has not left a will. When this someone passes away without a will in Texas, the assets of the deceased will be distributed according to the intestacy laws of Texas. These laws can be complex, and if you are uncertain about your rights and inheritance, it is essential to consult with an experienced probate attorney. In this article, we will explore the case of a daughter whose father passed away without a will and how a probate attorney can help her determine her rights.
The Situation
The daughter’s father passed away without leaving a will, leaving behind assets worth approximately $600,000, including properties. The daughter is unsure if her father was married to the woman he was with in Dallas County, and there is no marriage certificate on file. Additionally, she was not informed about her father’s health until he was hospitalized.
The Law in Texas When Someone Passes Away Without a Will in Texas
When someone passes away without a will in Texas, their property is distributed according to the state’s intestacy laws. These laws prioritize the surviving spouse, children, and other close relatives in that order. However, in this case, it is unclear if the woman was legally married to the daughter’s father. If they were not married, she would not be entitled to any of the assets under Texas intestacy law.
If the father was not married, his children would be the next in line to inherit his property. The daughter would be entitled to a share of her father’s estate, along with any other children he may have had. However, in order to claim her inheritance, the daughter would need to initiate probate proceedings to have herself declared an heir and to establish her father’s estate. This would involve hiring an attorney and going through the probate court process.
If the woman was legally married to the daughter’s father, she would be entitled to a share of his estate, along with any children they may have had. If the father had no children besides the daughter, the wife would be entitled to half of the estate, with the daughter receiving the other half. If there were other children, the estate would be divided accordingly.
Establishing the Legal Status of the Woman
Since there is no marriage certificate on file, it may be difficult to establish the woman’s legal status as the wife of the daughter’s father. The daughter could hire an attorney to investigate and attempt to locate evidence of a marriage, such as joint bank accounts or insurance policies. Alternatively, the woman could contest the daughter’s claim to the estate, which would result in a legal battle over inheritance rights.
Consulting with a Probate Attorney
In this case, it is essential for the daughter to consult with an experienced probate attorney to determine her legal rights and options for claiming her inheritance. The attorney can guide her through the probate process and investigate the woman’s legal status as the wife of her father. If the woman is not legally married to the daughter’s father, the daughter would be entitled to a share of his estate. However, if the woman is his legal spouse, the daughter’s inheritance would be reduced.
A probate attorney can also assist with the process of establishing the estate and identifying all of the assets and debts of the deceased. This can be a time-consuming and complex process, but it is necessary to ensure that all of the assets are accounted for and properly distributed to the rightful heirs.
Contact Kreig LLC for a Free Consultation
If you are facing a situation similar to the one described in this article, it is important to consult with an experienced probate attorney. Kreig LLC is a Dallas probate law firm with years of experience helping clients navigate the complexities of Texas probate law. Our team of attorneys can provide you with the guidance and support you need to ensure that your legal rights are protected and your inheritance is properly distributed.
At Kreig LLC, we understand the difficulties of losing a loved one, and we are committed to helping our clients during this challenging time. Our attorneys have extensive knowledge and experience in Texas probate law, and we can help you through every step of the process, from establishing the estate to distributing the assets.
If you need assistance with a probate matter, contact Kreig LLC today for a free attorney consultation at (469) 895-4333. We can discuss your case, answer any questions you may have, and provide you with the support you need to move forward. Don’t wait, contact us today to get started.
Don't miss out, get a copy today!
