My dad died in 2014 and his wife refused to file probate on his very large estate. Her lawyer told me I didn't have the finances to fight her so she could do whatever she wanted. What can I do now that I do have the finances to fight her. Everything was solely in my dad's name when he died, ( cars, houses, business etc. )
Depends on state law, but would guess that Texas law authorizes a proceeding to compel a person to file a Will in Surrogate/Probate Court so that it can be probated. If all assets were titled to your father, they would be probate assets subject to disposition by his Will.
Get a copy of the probate file if there was one and the will if there was one. Get property deeds from the county clerk if there are any. Then you will need to see an attorney who does probate cases. Some of the bet probate attorneys in Texas are in Houston. Ask around and maybe see two or three. Don't go back to the one you saw before.
I have practiced law for over 40 years and currently reside in Colorado. I am licensed to practice in Texas and Colorado. For the most part, I practice in the area of estate planning, which includes drafting wills and powers of attorney, guardianships, probate, real estate, and related issues. My response to your question does not create an attorney-client relationship with me or any attorney. My response is based on the information provided.
Consult with a probate attorney in your area. Whether you are entitled to anything from your father's estate is going to depend on whether he had a Will or died without a Will.
My response to this question is general and informational in nature. It is not intended to be legal advise and it does not create an attorney-client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline