Legal Question in Wills and Trusts in Texas

my father passed away and i have three brothers,

two brother do not want to participate in hiring an attorney for my fathers estate can we have them sigh something to release them


Asked on 5/22/10, 9:12 am

2 Answers from Attorneys

Arthur Geffen Arthur H. Geffen, P.C.

You can certainly try to get them to sign "something" but they are probably not willing to give up there inheritance. If that is what you are trying to say, Texas has a very strict time limit for disclaiming property that would be due to someone because of someone elses death. If your brother is going to disclaim that does not necessarily mean that the property would go to you.

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Answered on 5/25/10, 11:39 am
Mitsy Barajas The Law Office of Mitsy Barajas

You have 9 months to do a transfer of interest. You can have an attorney draft the document in such a way that their share will go to you, but they must agree to it first. Also if your father did not leave a will naming you as executrix, you will need them to sign a waiver of notice, so that you may be an independent administrator.

Keep in mind attorney's fees are reimbursed to you from the value of the estate.

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Answered on 5/27/10, 9:23 am


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