Nacogdoches County, TX Estate Planning Law Firms & Lawyers

You need to call a probate lawyer to discuss the situation. Nothing is automatic, someone has to take steps to probate a deceased person's estate. If he had a surviving spouse, she would have priority and likely be his heir unless their is a will or the marriage was not long term. The state and county where your father owned property is where the probate would be initiated. If he owned no real property, the state where he died would be the proper place.

It is not clear if the deceased's spouse was alive at his death. If she was alive at his death and she was omitted from the trust for whatever reason she would have the right to elect to take against the estate but the election must be made rapidly. If an estate was opened in the probate division of the circuit court (if the trust was contained in a will this would be the case). That election would have to be made within six months of the grant of Letters Testamentary or Letters of Administration. If the spouse has since died at the very least an estate should be opened for her. The heirs of the wife need to hire counsel to protect their rights.