My father died in 2013 and I was supposed to inherent everything but at the time I was 17 and everything was put into my mothers name. He did not have a will that I know of, during his life time he did state that "he wanted everything to be put in my name (his only child), at the time I was under age and everything was put in my mothers name. What do I need to do in order to fullfill my fathers wish and have everything put back into my name?
You need probate law counsel, I believe, to claim your inheritance. Your property was under your mother's control when you were a minor. Once you became adult you had the right to control and manage your own property. If your father died without a Will, you inherited his one-half of the community estate subject to a life estate by your mother in the home.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
Consult a probate attorney. If your father died without a will, his property passed according to the laws of intestacy, and you inheritance depends on many factors.
The law requires that property passing to a minor be placed under the guardianship of the minor's parent and under the control of the court. Contact a probate attorney who can find out the status of that guardianship. If the property was not placed in a guardianship or a trust you may have a lawsuit against the attorney that handled the probate of the estate. It would be interesting to know what your mother says about why property was placed in her name and not in a guardianship, if that is what occurred.
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