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

Answers:

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.


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