Beeville, TX Estate Planning Law Firms & Lawyers

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.

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.