Is it Legal for My StepMom’s Probate Lawyer to Act in Her Interests Only and Have Her Husband as Executor of the Estate in Texas? What Are My Options in This Situation? #ProbateLaw #StepMom #Texas #EstateExecutor #LegalRights
My dad passed away two weeks ago in Texas, and my stepmom has hired a probate attorney who seems to be looking out for her interests only. To make matters worse, the attorney’s husband has been assigned as the executor of the estate. Is this even legal? What steps can I take to address this issue? I tried reaching out to the probate attorney for clarification, but I was met with hostility and suspicion.
Your stepmom is entitled to hire her own lawyer. You are also entitled to hire your own lawyer. Whether it’s worth it depends on what property your father left and what the nature of the property is.
Texas has rules for how assets must be distributed when an individual dies intestate (without a will). You and any siblings you may have are absolutely entitled to a portion of the assets. There’s a box in the link below for your exact situation.
https://www.nolo.com/legal-encyclopedia/intestate-succession-texas.html#:~:text=If%20you%20die%20without%20a%20will%20in%20Texas%2C%20your%20children,is%20also%20your%20children's%20parent.
I also would be quite shocked if this law firm willingly committed fraud on behalf of your stepmom, though I suppose it’s possible.
Speaking with your s/m’s attorney won’t get you anywhere as he/she has a duty to your s/m. Retain your own attorney ASAP.
Your stepmom’s attorney is *her* attorney. That attorney is not obligated to answer any of your questions or act in your interest. Who is going to pay the attorney for the time he spends answering your questions? He’s not obligated to do anything for free.
You can and should hire your own attorney. That is who you should direct your questions to.
There are very specific laws for intestate succession in Texas, which someone else has already linked.