Valley Spring, TX Estate Planning Law Firms & Lawyers

If your children are adults, you do not have to provide for them in your estate plan - you can leave your estate to whomever you choose; however, if you do not complete an estate plan during your lifetime, your children may be the statutory heirs of your estate. I recommend you consult with an attorney as soon as possible to discuss your objectives.

It depends on what the "taking" was and who did the "taking". An estate is a person like any other. The representative of the estate can take any action that would appropriate in a circumstance that did not involve an estate. Do criminal charges need to be filed? Does a demand letter preparing for a lawsuit need to be sent? How would you handle it if your money had been taken? If the "taking" was performed by the representative, action in the court appointing the representative should handle it.

In Texas a surviving spouse has a lifetime right of occupancy in the home.   Your father's Will may or may not say that he contracted with your mother not to revoke the Will in order to provide for her and for children of their marriage.  If it does not, he could Will the home to his new spouse.  You are correct that she could give up her right to a community property interest in the home in a valid prenup (or a valid Marital Property Agreement).  She would still have a lifetime right of occupancy and, if she paid on the mortgage or made other financial contributions, a right to be reimbursed for them.