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submitted by /u/Muted-Cantaloupe1535
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Dad Died Under Suspicious Circumstances + No Probate + House Put In Trust After — Do We Have Any Rights?
Location: DFW Texas
My dad died May 3, 2022 in Hays County, TX. No will. Married at the time. House purchased together in 2020 (now worth ~850k).
We never opened probate.
Facts that concern us:
• Found unresponsive April 30 and on life support until death • Possible delay in calling 911 (may have been left on floor for hours) • APS investigation opened in hospital due to suspicious bruising • Spouse claimed to be his caregiver • Prior DV arrest against my dad • Spouse arrested again for assault the day after he died • She opposed autopsy/organ donation • Toxicology: no alcohol (he was an alcoholic), but cocaine present • Case closed due to lack of evidence About a year later, she transferred the house into a trust.
My siblings and I are his children and are trying to understand:
• Do we still have rights to his share of the house? • Should we open probate now (almost 3 years later)? • Can we challenge a trust created after his death? • Is there any path to pursue wrongful death or revisit the investigation given APS + DV history? Any guidance on where to start would really help.
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