Hawley, TX Estate Planning Law Firms & Lawyers | Page 2 Results

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.                

Texas is a community property state, so once your father married your stepmother, the property and income they acquired became community property. Because your father died without a will, the Texas intestate succession laws apply. They determine who is entitled to what part of your dad's estate. Because he left behind a fairly large amount of property, it is necessary for his estate to go through the legal proceeding known as administration. Please make sure to consult with an attorney who is experienced in this type of law. Your step mother's 401k belongs to her. It will be up to her to determine who should inherit it because from your question it appears she is still alive. If she writes a will, that will determine who is entitled to her 401k and retirement accounts.

Usually Wills are lodged with the court. I would start my investigation by checking to see if the Will has been lodged with the Probate Court. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.