Found an issue on this page? Let us know and we will look into it as soon as possible.
If my dad died intestate but my mom who died earlier left a will.,, does her will determine who inherits dads property?
Anonymous3 views4 answers
Mom died in1967; dad died recently,intestate. Mom left everything to dad then to me upon his death. What standing does her will have? They lived in Texas n there is a 2nd wife and adopted daughter.
I'm sorry for your loss. Since your mother left everything to your father, her will does not control the disposition of your father's assets upon his death. Unfortunately, his assets pass by intestacy since he did not have a will. Had your mother set up a trust for your father's benefit, then the trust's terms would control the disposition of the trust's assets upon your father's death. Good luck to you.
The answer is "no". Your mother's Will has absolutely nothing to do with how your father's estate passes. Because he chose not to have a Will, his estate is inherited according to the laws of intestacy in Texas. It is fairly complicated when there is a second spouse and children by more than one marriage. You would do well to consult an experienced probate lawyer in the county where your father lived at the time of his death to explore your options and get a specific analysis based upon all of the material facts.
My colleagues are correct. Your mom's will does not control. Your rights will be dependent on the character of your dad's property, whether it was community property or separate property and whether he held any of his assets with your mom as joint tenants with rights of survivorship.
The advice given here is correct. Your mother's will controlled the disposition of property upon her death only, and that became your father's separate property at that time. Due to the complexities created by the second marriage and child (even though adopted), the laws of intestate succession in Texas will control how your father's property is distributed among his second wife, their child, and any other children he may have, including you. In this situation, it is best to consult with an estate planning/probate/wills and trusts lawyer so that your rights can be determined in this situation.