My Elderly Father Will and Estate

[Family Warrior]

Jurisdiction

Texas

I'm looking for legal advise about the Estate and Will of My Bio-Father for me and My Brother.My story is Me and My Brother are the only two children from My Mom and My Bio-Father.My parents divorced in the early 80s which I was around 13 at the time and to make a very long story short my Bio-Father wasn't a very good Father or even a man at all he was highly abusive to My Mom and very abusive to me and my brother.Me and My Brother in our later teens and even when we were in our early 20s tried our best to have something to do with him but it was the exact same crap from him every single time.His family are from a small town and they kept the abuse swept under the rug.They wanted the town to think they were perfect.Me and my brother pretty much has cut all ties with him and that side of the family.I divorced my ex back in 94 and honestly I didn't want my kids around my biological father at all but my ex to get back at me would take it upon herself to go behind my back and do so just because my biological father had money.Well time went on and me and my brother went on about our lives and it took my biological father 38 years to apologize to my mom for all the hell he caused her and he only done that because he was a old man and at 75 and he's wife he left mom for left him pure karma .My question is I know he has a greedy younger brother that is probably overseeing his estate and his money and I'm sure my ex has her eyes in the picture as well and will use my son to get money from my biological father but after all the hell and beatings and I mean black n blue beatings that we took from that man .I think me and my brother should be entitled to everything and every dime that man has after his passing ….

 

[Zigner]

If your father leaves a valid will, then that document will control how his assets are distributed. If he doesn't, then the Texas laws on intestate succession will control.

 

[army judge]

I think me and my brother should be entitled to everything and every dime that man has after his passing ….

Your thoughts on the matter have no legal significance.

The surviving spouse of a deceased spouse, absent a will, will usually inherit community property, as Texas is a true community property state.


Intestate Succession in Texas
What happens if a person dies without a will in Texas?


Which Assets Pass by Intestate Succession
Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:

* property you've transferred to a living trust
* life insurance proceeds with a named beneficiary
*funds in an IRA, 401(k), or other retirement account with a named beneficiary
*securities held in a transfer-on-death account
*real estate for which you have a transfer on death deed
*vehicles for which you have a transfer on death registration
payable-on-death bank accounts, or
*property you own with someone else in joint tenancy or *tenancy by the entirety.

These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don't have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.

To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Texas.


The Spouse's Share in Texas
In Texas, if you are married and you die without a will, what your spouse gets depends in part on how the two of you owned your property -- as separate property or community property. Generally, community property is property acquired while you were married, and separate property is property you acquired before marriage. There are a couple of big exceptions: Gifts and inheritances given to one spouse are separate property, even if acquired during marriage.

If you want to learn more about how community property works, read Separate and Community Property During Marriage: Who Owns What?

Your spouse will inherit your half of the community property unless you leave descendants – children, grandchildren, or great grandchildren. If you have separate property (many spouses mix everything together and don't have any separate property) your spouse will inherit all or a portion of it. The size of your spouse's share of your separate property depends on whether or not you have living parents, children, or siblings. If you do, they and your spouse will share your separate property.

If you and your spouse are legally separated -- but not yet divorced -- when you die without a will, your spouse will not be entitled to your property. If you're concerned about this area of the law, see an experienced attorney for help.



::::::::::::::::::::::::::::::::::::::::::::::::::::::

::::::::::::::::::::::::::::::::::::::::::::::::::::::

Intestate Succession in Texas

 

[Family Warrior]

Thanks he has no spouse at the time

 

[Zigner]

I suspect that dad has a will. I suggest that the OP participate in some intensive therapy to help him get past this.

 

[zddoodah]

Please put spaces between sentences.

My question is

You didn't actually ask a question.

I know he has a greedy younger brother that is probably overseeing his estate and his money

Is your father still alive? If so, he doesn't have an "estate."

I think me and my brother should be entitled to everything and every dime that man has after his passing

You're free to think whatever you like, but that's not correct. If your father has a will when he dies, then his estate will be distributed in accordance with the terms of the will. Whether or not he leaves you anything in his will is entirely up to him. If he dies without a will and is not married at the time of his death, then his children will inherit the entire estate.

 

[Family Warrior]

I know my bio father has made comments in the past of leaving it all to me and my brother but we're talking years ago and I understand time changes peoples views on life.Also me and my brother have done quit well for ourselves and we really don't need anything from our bio father but we feel like he owes us.

 

[Zigner]

I know my bio father has made comments in the past of leaving it all to me and my brother but we're talking years ago and I understand time changes peoples views on life.Also me and my brother have done quit well for ourselves and we really don't need anything from our bio father but we feel like he owes us.

THAT is why you should speak with a professional counselor/therapist.