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max713
max713, Lawyer
Category: Family Law
Satisfied Customers: 1893
Experience:  I am responsive, respectful, and relentless.
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My sons father died this week. The stepmother (she & he had

Customer Question

My son's father died this week. The stepmother (she & he had no children together) says there is no will.
We all live in Texas. Where does my son and his two sisters start?
Submitted: 1 year ago.
Category: Family Law
Expert:  max713 replied 1 year ago.

max713 :

Hi, I'm trained and experienced in family law, and I would love to help you through your current situation. Under probate code chapter 2, section 45, their stepmother would receive half of community property (if she was the spouse when he died), and the children would split the rest of the community property. And, if she was the spouse at death she gets 1/3 of separate property, and the children would receive the other 2/3 (which is property received before or after marriage or through gift, devise, inheritance, or descent).

max713 :

To probate the estate with no will in Texas, file the certificate of death in the probate court where the decedent died.

Customer:

Thanks, XXXXX XXXXX the probate process begin? Will the children need to hire an attorney?

max713 :

The procedure is governed by Title 38 of the Texas Probate code.

max713 :

Then, tell the clerk that he died without a will and fill out an affidavit of hardship for all beneficiaries.

max713 :

Ask for a motion to appoint administrator and fill out the forms (and double check that your county doesn't have additional forms to fill out).

max713 :

Inventory the estate listing assets and debts.

max713 :

Then, meet with the administrator regarding court dates, proceedings, and division of assets.

max713 :

Remember, this is the process, which is information. This is not advice.

max713 :

While an attorney is preferred and you can get a referral from the Texas state bar, you don't technically need one.

max713 :

Do you have any further questions? I'm here to serve you.

Customer:

My son and his sisters are adults and live in different cities. The deceased lived in Houston. They have no idea exactly what were their father's assests and debts. Would they list those that they are aware of?

max713 :

If that's the best that can be done, yes.

Customer:

Where can they find more information on probating an estate in Texas?

max713 :

Such as a guide, for example?

Customer:

yes

max713 :

The Texas Estate Planning and Probate Manual is highly reputed (though a bit expensive).

Customer:

Thank you, XXXXX XXXXX been most helpful.

max713 :

You are most welcome. Please rate me well for my service to you before exiting the forum.

max713 :

Also, another source is the Texas Probate Passport:

max713, Lawyer
Category: Family Law
Satisfied Customers: 1893
Experience: I am responsive, respectful, and relentless.
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