Wood County, TX Estate Planning Law Firms & Lawyers

You may very well have a valid legal claim and the time limit for bringing this claim has likely already started running. The answer to your question depends on whether or not your father left a will or a trust. If he did not, and there was no surviving spouse, you would have certain rights under the law to a portion of your father's estate, and perhaps even all of it. In such a case, you would have recourse against your uncle and your father's girlfriend for taking the property. You should consult with an attorney experienced in probate matters as soon as possible to discuss the details.

I don't think there's a cut-and-dry answer to your question, especially without more information. As the mother of his children, it's saddening that he is being secretive with regard to the trust. If the children are minors, as their legal guardian, you may be able to demand an accounting of the trust on your children's behalf. However, some trusts are written in such a way that the trustee does not have to provide an accounting at the beneficiaries' request. It just depends on the wording of the trust. I think you'll have a particularly difficult time if the trust is a Revocable Trust. If you think action needs to be taken to protect the rights of the children under the trust, then you should contact an attorney in your area to see if you can get some movement.