Legal Question in Wills and Trusts in Texas
our father died and left no will.
My father died and left no will, according to my stepmother.She won't give any info. as to what the estate consists of, other than the house that she still lives in, which is not community property. My father also has a business that she still works at, but trying to sell. The house is on two lots. The adjoining lot has a three car garage and a one bedroom apt. on it. She lives by herself in the big four bedroom house. This has gone on a year and my brothers and myself are wanting to settle this as soon as possible. Can't she move into the apt. so that we can sell the main house, or is there a way to get her to move? Dad had over $400,000 in a retirement fund, she says he lost it all. There must be life insurance, alot of things in the house, but we don't have access to it. Just her and her daughters do. We want to sell the house and get whatever else we are entitled to, including half of the business before her and her daughters can hide or transfer whatever community property there is. What can we do to get our share of the estate and get the house on the market?
2 Answers from Attorneys
Re: our father died and left no will.
If you want these things, you better get a lawyer and do it now. By waiting a year, you have let a lot of water go under the bridge. This is a case of pay now or pay more later.
Re: our father died and left no will.
You will need a lawyer to force the issue and enter your father's estate in probate. Your stepmother has a life estate in the house, so getting her out may be impossible. The longer you wait, the more will be lost.
Just be prepared to spend many thousands of dollars at the courthouse.
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