Brazoria, TX Estate Planning Law Firms & Lawyers

I don't think there's a cut-and-dry answer to your question, especially without more information. As the mother of his children, it's saddening that he is being secretive with regard to the trust. If the children are minors, as their legal guardian, you may be able to demand an accounting of the trust on your children's behalf. However, some trusts are written in such a way that the trustee does not have to provide an accounting at the beneficiaries' request. It just depends on the wording of the trust. I think you'll have a particularly difficult time if the trust is a Revocable Trust. If you think action needs to be taken to protect the rights of the children under the trust, then you should contact an attorney in your area to see if you can get some movement.

There are too many issues here to easily answer. There is no such thing as common law bigomy, so your mother was your father's wife and next of kin when he passed.

If Dad had two or more children and mentioned them in his will, but left nothing to child X, then X has no claim to anything. If Dad's will did not mention the existence of this child, then he may be able to get what he would have gotten by intestacy.