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Grandmother died with NO will. She had 2 sons. 1 living ( w/ 3 living children) 1 deceased ( I am 1 living child). Texas law???

Dallas, TX |
Filed under: Wills

By Texas State law am I entitled to any of her inheritance? She had no will but I was the only one who was close to her and visited her and took care of her. She had 2 sons. My uncle who is still alive and has 3 living children and my father who died when I was 10 and I am his only child. My uncle is already getting $100,000 in CDs that are POD to him. The remaining money which will be around $100,000 to $120,000 after medical bills paid needs to be divided. I thought I was entitled to 50% of it but he said he wants to split it equally among all the grandchildren (there are 4 of them). I was the only one who even visited her and kept in touch with her and helped her. What should I do? Do I need a lawyer? By law what am I entitled to since my father is deceased and there is NO will. Thanks

Attorney Answers 3

  1. You are an heir to 50%, so you need to consult an attorney to get your share. An heirship proceeding and administration is needed and since Uncle thinks it is his to divide, you should jump in first to get someone fair appointed, which could be you.

    There is no legal relationship created or implied by the exchange of message on this website. All statements are not to be construed as legal advice but as general guidance. In all cases, an attorney should be retained to review the full circumstances and deliver advice consistent with the information learned.

  2. You have asked this question a number of times, now. I agree with Attorney Pyke. You are over your head and need to have an attorney to make sure that your rights are protected.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

  3. Attorneys Pyke and Frederick are correct. You need assistance from a local probate attorney. Don't delay.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold Telephone: 818-279-2737 Email: service@egoldlaw.con

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