Fannin County, TX Estate Planning Law Firms & Lawyers

Until a couple is granted a divorce by a court, they are considered married. So your stepmother was still your father's wife at the time of his death. Many states allow a surviving spouse some part of the estate (what used to be called the widow's portion) but it's certainly not 50%. If the will is valid, it's unlikely that your stepmother can claim anything beyond what state statute allows.

I am sorry for your loss. Whether his estate will be probated at all will depend on the following factors: 1. What was the nature and title of his property. 2. The terms of his Last Will. This is where he would have nominated an executor. 3. His home state of residence. For additional information, consult with an attorney specializing in estate administration.

First, I would make certain that a will has not been probated or that an estate has not been opened. Generally, the county clerk can tell you if a will has been probated. After the county clerk confirms nothing has been done to settle either of the estates, I suggest you contact an attorney. You will basically need the help of an attorney to open back-to-back estate administrations for your father and grandfather. Note that this could be fairly expensive to do. Although the estate generally pays for the cost of administration (court costs, attorney fees, etc.), this could be a challenge if you don't have possession of any of the estate property.