What is my stepmother entitled to from from my deceased father’s estate?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What is my stepmother entitled to from from my deceased father’s estate?

My stepmother is mad because she wasn’t in my father’s Will of my deceased father. He left the house to his 3 children and she is now trying to “homestead”. She and my father were married for 9 years and 8 months. She said she wants to live in the house until she dies. Will she eventually get the only real asset my father left his children?

Asked on March 9, 2012 under Estate Planning, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the home that your father left his 3 children was owned entirely by him and paid off before he married your step-mother, then under the laws of your state, the children should be entitled to the home in its entirety under the Will and not the step-mother. Hopefully she was mentioned in some area under the Will so that she would not claim to be an omitted heir.

I suggest that you consult with a Wills and trust attorney to further help you and your siblings regarding the situation you are writing about and bring it to a conclusion.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption