Legal Question in Wills and Trusts in Texas
My grandmother passed away and had no will. Her she had 2 children living when she died. Now one is deceased and the other is alive. How do we go about getting all of her items put in the living heirs name? (there is a home that is paid for, a truck a checking and a savings account)
1 Answer from Attorneys
If your grandmother died without leaving a Will, her estate passes to her heirs as defined by the Texas Probate Code. If, as you indicate, one of those heirs has since died, that deceased heir's estate (including the part of your grandmother's estate they would be entitled to) passes to the beneficiaries of their Will or to their heirs in the absence of a Will.
In short, you may well be looking at 2 similar proceedings to get things cleaned up and properly distributed. Depending on when your grandmother died, the nature, value and location of her property, one of several procedures might be most appropriate. In all likelihood, two things need to take place.
First, a proceeding must be initiated to determine exactly who her heirs are -- this may, again, involve a very similar proceeding for the deceased heir. Second, an administrator might need to be appointed for your grandmother's estate. This person's job, in a nutshell, is to find all of the assets, pay any appropriate debts and deliver the property to the rightful owners. While simpler, more efficient procedures might be available, you really need to sit down with a probate attorney to develop some more facts in order to make the best decisions moving forward. Best of luck.