What can I do if my dad passed away a couple of years back and his ex-wife decided keep all of his things?

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What can I do if my dad passed away a couple of years back and his ex-wife decided keep all of his things?

How can I get what I deserve?

Asked on November 11, 2015 under Estate Planning, Texas

Answers:

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

Answered 5 years ago | Contributor

If it's only been a couple of years, then you are still within the statute of limitations to submit his estate to probate.  If there was not a will, then the Texas probate code will have a specific method for dividing up the estate between his spouse at the time and his children.  If his wife was an ex-wife by the time of his death, then she would not be entitled to inherit under the probate code.  Her gifts would be limited to those portions of the estate that they owned jointly with rights of survivorship.  To file, start by consulting with a probate attorney.  If she didn't have the right to retain certain items, then he/she may simply be able to send a demand letter on your behalf requesting the surrender of certain items.


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