Estate Law Questions? Ask an Estate Lawyer.
Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction! The controlling law would be the state where your father last resided prior to death- was this Texas also?
OK; give me a few moments please. You mention the will and the trust. Did he have both? And the language specifically named the siblings, correct?
Oh! And can I get your approximate age?
OK. Thanks. A few moments please.
There is a legal concept called Pretermitted Heir. This refers to an heir that was omitted from the will, generally by mistake or because their existence was unknown. http://en.wikipedia.org/wiki/Pretermitted_heir Generally, attorneys that draft estate planning documents encourage clients that intend to disinherit a heir (of close degree) to specifically mention that intent in the will so that they would be considered accidentally omitted i.e. a pretermitted heir. Under Texas law, a pretermitted heir may be able to inherit. Please see Probate code 67 here: http://law.onecle.com/texas/probate/67.00.html