I am 56 years old and have 2 living sisters. My father passed away recently. His wife intents on not letting us have anything. My father adopted her 40 year old daughter a couple of years ago. I want to file with his estate back child support with interest. My stepmother was married to an attorney before my dad and she knows what she's doing. She will not let anyone see the will.
1) hire a probate lawyer asap. The will can be subpoenaed.
2) your mom might have the right to pursue back child support. If she's no longer living, the executor or administrator of her estate (as appointed by the court) might have a claim. Talk to your probate lawyer about it.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
I agree with Ms. Lowry. Hire a probate lawyer ASAP.
Texas law requires the custodian of a will to file it with the court within 30 days of the date of death. Failure to do so may disqualify her from serving as executrix (assuming she is named as such). You can file a motion to compel production of the will. You can also apply for a temporary administration - that will surely flush her out (but it will be expensive).
As for the child support, Texas law make an estate liable for a child support arrearage. This claim likely belongs to your mom. Due to your age, this may be a tough case. But hire a probate lawyer ASAP. Seek an experienced probate lawyer. Avvo rates lawyers and has a search function. Also look at the lawyer's Peer Review Rating™ in the Martindale Hubbell Legal Directory.
Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services. My Avvo posts are based on limited information provided and are not intended as conclusive legal advice.
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