community and seperate property

[texaswest]

My dad died just recently. He inhereated stock. He left it to his kids and now the step mom says she gets half of it. The money he made off of it was in dividend checks and not re-invested. Does she hqave a right to this stock or not. Thanks in advance

 

[jharris352]

When you say, "he left it to his kids" do you mean in a will? If there was a will and it was left to the kids then she has no right to it. If he had no will then he died "intestate" and most likely his wife at the time of death is entitled to a portion of the stock.

 

[texaswest]

Yes there was a will and it was left to his kids. Her lawyer is saying that she can get money from the profits. also is there a Texas Supreme Court ruling on this. Thanks

 

[jharris352]

What did the Judge say when you probated the will? What supreme court case? Who controls the assets? What is your question?

 

[texaswest]

The judge made me executor and gave me letters of testamentary but would not let me transfer deeds of property or transfer the stock into my brothers names. I was just wanting to know if there was a Texas Supreme Court ruling on the seperate property dealing with stock that had been inhereated.