Legal Question in Wills and Trusts in Texas
family property and no Will
my mother passed away in 2007 and did not leave a will. The only real proterty she left behind was her house. my brother and I differ on how we want to settle. he wants to rent it out, I on the other hand would like to sell. what steps would I need to take to legally aquire the property in my name so that it may be sold and the proceeds distributed between my brother and myself?
2 Answers from Attorneys
Re: family property and no Will
This isn't a self-help procedure. Call a lawyer to open an heirship probate for you and have you appointed as executor. Your brother can raise an objection, but the judge should give you the authorization to wind up the estate and distribute the proceeds when the property is sold. It should take a few months to wind up. Good luck.
Re: family property and no Will
The first step would be to file an application to probate the estate of your mother, then file a motion to sell the real property. If you're not going to hire a lawyer to do this for you, somewhere along about this time, you will have to study the Probate Code and the Rules of Procedure and the Local Rules to see how to get an Order to Sell from the Probate Court. Good Luck.
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