Rusk County, TX Estate Planning Law Firms & Lawyers

To put it simply Someone, usually the primary heir, hires an attorney and files a probate action in the county where the deceased last resided. Then all beneficiaries are notified and the court appoints a personal representative After that all assets are gathered, debts paid and the rest distributed At times if real property is in multiple states multiple probates may be needed (one in each state where there is property) SO It does not happen automatically. Probate and attorneys can get expensive so the question is are there sufficient assets to worry about.. I advise you to gather all the information you can about your fathers assets and contact an attorney to discuss if it is worthwhile to file a probate action if your apparent step mom does not.

My practice is to leave each child 100 dollars, which shows that you thought about them when planning your estate. Or you could mention each one and specifically disinherit each child. You have to be very specific as to your intentions.

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.