If my father past away and then his siblings settled my grandparent’s estate, does that money go to his 3 heirs or does my stepmother get it?

Asked on June 13, 2012 under Estate Planning, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Much of your answer depends on what kind of estate planning your father did before he passed away.  If he left specific instructions regarding how he wanted his property distributed, (i.e. in the form of a will or a trust), then the written instructions should be followed--- as long as there are no fraud or undue influence type issues.  If these document(s) left everything to his three heairs, then the stepmother would not get a share of the estate.  If the instructions were not clear or non-existent, then your stepmother could assert an insterest in his estate under the probate code.  So your starting point is to get copies of his will and any other estate planning documents.  You then need to have a probate attorney review them to make sure they are in proper order and to explain the effect of his instructions.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.