A Sudden Death, A Grieving Widow, An Estranged Daughter… and NO WILL!

Last year I received a call from a grieving widow who was distraught that her husband of 7 years had died suddenly. As the woman sobbed and told me her story, (in her strong South-American accent), she informed me that while she was living in Argentina she met her husband while he was working for a U.S. Oil Company conducting business in Brazil. They met at a café and seemed to have one of those ‘love at first sight’ stories - she moved to the United States with him, they married - and seemed to live the American dream together – until a fatal heart attack took his life without warning.

The widow, now an American citizen, needed a lawyer to probate her husband’s estate. When we met, the first question I asked was: “Did your husband have a Will?” Her answer was: ‘No.’ I then asked: “Are there any children?” The answer was: “My husband spoke of a daughter from a previous marriage but hadn’t seen her or spoken to her in nearly 20 years!” (In fact this father didn’t even have a current address or phone number for his daughter at the time of his death). My heart sank at this point because I knew this was not going to be an easy situation for this grieving widow. I assumed that there had to have been bad blood between this father and daughter to not have communicated in nearly 20 years – and my gut was right. To make matters worse, the only real assets in this estate were the family home and a small emergency fund. There was no Will to outline the intentions of the deceased husband’s estate - and as you can imagine, the fighting began. Texas law is clear – if there is no will – the ‘Intestate’ laws fall into effect. This estranged daughter, no matter where she lived and no matter what the relationship between her and her father was over the years, would be entitled to be a beneficiary of this estate under Texas law.

Once the probate process began, a private investigator was hired and the daughter was actually found living in a mobile home park in a remote section of Alabama. From the testimony held in Court, it was clear that the daughter still held major bitterness and resentment towards her father – the estranged daughter was not going to make this probate an agreeable process for her step-mother for whom she never even met in person! As expected, the daughter hired a local attorney to protect her interests in any assets she may be entitled to under Texas law. Nearly a year and a half later, the estate is still being probated and the fighting continues. Thousands of dollars in legal fees, Court Fees, and investigators could have been avoided but for one simple item – a Last Will and Testament!

If only this couple would have prepared simple Estate documents while the husband was living, his widow would have saved thousands of dollars – not to mention - physical and emotional stress.

There are many different types of estate plans, however, a simple consultation regarding your Estate with an attorney can save you and your family in the long run. I cannot stress enough – especially to couples with children – have an estate plan prepared!

Gregg Harrison offers FREE INITIAL CONSULTATIONS on all legal issues. To have a FREE Will & Estate Seminar held at your home for your friends and family contact Gregg at gharrisonlaw@yahoo.com. In addition, over the past 8 years, Gregg Harrison has negotiated settlements and/or obtained verdicts from $1,000 to over $1,500,000 on all types of personal injury cases. Visit Gregg Harrison’s website: www.greggharrison.com or call: 832-797-7600.