Legal Question in Wills and Trusts in Texas
heir property disputes
My mother died about 6 years ago. She wrote a will but did not probate it. My father died prior to that. There are 4 living children after my mother's death. She left her portion to me and my sister. We are having a problem getting our brother out of the house. What steps should we take, does he have any rights to be there?
2 Answers from Attorneys
Re: heir property disputes
Did your father have a will, and if so, was the will probated? If he didn't have a will, did he die before the law was changed leaving the intestate portion to the surviving spouse? What does your mother's will say? It can still be probated as muniment of title to show who has proper title to what property.
If your father left everything to your mother, and your mother left everything to you and your sister, and made mention of your brother in her will, then your brother may not have any rights to the property. If she didn't mention him in her will, then he takes as if there was no will at all.
You will need to get a lawyer to get the matter straightened out.
Re: heir property disputes
Because your mother died more than 4 years ago, and the will was not probated, you will need to have a Proceeding to Declare Heirship at the probate court in the county of your mother's residency. Depending on family history and your will, the judge will declare who will inherit and the size of respective portions of the estate. This is a simple procedure and almost as easy as probating a will. Once ownership is established, then the issue with your brother can be addressed. Best of luck.
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