Louise, TX Estate Planning Law Firms & Lawyers

Generally, a certified copy of the Letters of Administration (a document formally appointing you as the Personal Representative of your husband's estate) along with the death certificate without cause of death and your photo ID should be sufficient.

You may draft your last will & testament as you please, but it is advisable that you list all of your children in your will so that their identities are known and to prevent others from coming forward and claiming to be a rightful heir upon your death. You may gift as much or as little of your assets to your children as you please, but it is probably a good idea to include all of their names for identification purposes.

There is a lot to unpack in your question. Did your father have a will? Did you (or anyone) report your brother's theft while your father was alive? If your father had a will, you need to bring it to the attention of the probate court where he died. If he did not have a will, you will likely need to handle his estate through a process known as administration. Because you mention undue influence and breach of fiduciary duty, I assume your father had a will in place. But I could be in error. In any case, please contact an estate planning attorney as soon as possible to prevent further waste of your father's estate assets.