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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 4639
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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I am an child born out of wedlock. My father was married to

Resolved Question:

I am an child born out of wedlock. My father was married to someone else and my mom and his wife were pregnant at the same time. He has died and the will states to my children, names them, and to my natural born legitimate or adopted lineal descendants. He has spoken to me several times on why he didn't per say name me directly as my siblings were not aware of me.
Everyone else in his life was and has always been aware of me.
I am excepted by the family with open arms, no one denies I am his daughter. Tx has this year put a new law in place where I can take this back to probate with no limitation of how long he has been gone . I found this out today. My question, my siblings have been receiving their trust for awhile, am I an equal share holder
Of this estate? Dna proved along with many other things .
Thank you
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.

LegalGems :

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?

Customer: Yes
LegalGems :

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?

Customer: Yes, both, and the siblings are named but my sisters is incorrectly written. I have a feeling he started this many years ago as he leaves a large portion to his second wife whom he divorced 25 years ago and remarried 18 years ago to someone else.
LegalGems :

Oh! And can I get your approximate age?

Customer: The estate is large and most of the trust money was to start being given on the children's 55th bday. I am 55 now.
LegalGems :

OK. Thanks. A few moments please.

Customer: 2 brothers have theirs, two younger ones don't as far as I know.
LegalGems :

Ok. Thanks.

Customer: Are you still working on it
LegalGems :

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. 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:

Customer: replied 1 year ago.
The link you gave me does not to pertain to me at all. I was known from birth by my biological father and he watched me grow up.
Customer: replied 1 year ago.
I just responded. Did you not get it?
Expert:  LegalGems replied 1 year ago.
A pretermitted heir can be a heir whose existence was unknown, or an heir that appears to be erroneously omitted from a will (i.e. not provided for). The Texas Probate code does not require that the heir be unknown. The wikipedia link was to give you an idea of situations where a person is considered pretermitted. For example, a spouse can be pretermitted by virtue of not being included in the will.

Any inconsistencies/errors in the will helps to prove that an heir is pretermitted (you mentioned 2 inconsistencies in your father's will, which should help).

(our posts cross posted so I had to repost).
Customer: replied 1 year ago.
I understand. So, it does or doesn't include me? We don't know? The will has so many errors it takes forever to read it, and I have had several different opinions, as it doesn't make sense. Even the fact that he left his second wife a huge part of the estate, then remarried for 18 years when he died , the second wife was still there big and bold! They hate each other! He and she still tells me how much she disliked him! I have spoken to many attorneys that all have different s opinions regarding this matter.I just hate to let it go without some kind of fight if you will as to my share. One more thing, who determines if you are predetermined.
Expert:  LegalGems replied 1 year ago.
Unfortunately, when a will has so many inconsistencies (and the wife issue is a glaring inconsistency), it generally requires some kind of judicial intervention. The judge would need to determine if the will is even valid. Generally, a last will is valid, so long as it is properly executed and the testator was of sound mind at execution of the will. Texas is a community property state, so a surviving wife is legally entitled to much of the property based on community property laws, so if the will does not take that into consideration that is another issue. Given the complexity of the situation due to the will's issues, I would suggest you contact an attorney that specializes in estate litigation (versus estate planning document preparation) so the attorney can review the will in its entirety and advise you specifically based on its contents. A review should take between 1 and 2 hours (depending on the length of the will) and would likely be money well spent. When a will or trust does not clearly state the testator's wishes, or has conflicting provisions or other inconsistencies, a petition is usually brought in probate court, asking for assistance in determining the true intent of the will, its validity, and a determination as to what the distribution should be.
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 4639
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
LegalGems and 5 other Estate Law Specialists are ready to help you
Expert:  LegalGems replied 1 year ago.
I hope you found the information I provided useful.
Future requests can be labeled "TO LEGAL GEMS" followed by your question.

It would be appreciated if you complete the admin's survey - it's like our report card!

I hope you are able to find an attorney that can succinctly explain the validity of the will, along with its provisions. Once this is taken care of, it would be a good time to review your estate plan, to ensure your heirs will not have to deal with any issues later on. Thank you!

Thanks, and take care!

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