Legal Question in Wills and Trusts in Texas
Heir's ability's
My mother died and had no will. My sister and I are both currently living in her house I am of age and my sister is not (but will be by the end of the year). I have been told conflicting stories and I would like to know which would be quickest. I was told that we could use the laws of the heir where everything is ours and we can do what we want with it (split it or have a garage sell). However I was also told that I have to wait, get an inventory, get the judges approval for selling anything, and go to the court for anything having to do with my mother's estate. I am wondering which one is right and which would cost the less and be less time consuming? Any advice would be helpful at this time.
2 Answers from Attorneys
Re: Heir's ability's
You will need to at least do an heirship in the court which handles probate matters or an heirship combined with a administration or an independent administration. I assume your father predeceased or was divorced? Did your mother have debts which need to be paid to creditors? Does she have assets which require transfer such as bank accounts and the real estate? If there are no debts and nothing to transfer but the real estate an heirship might suffice; otherwise, an administration is probably necessary. There should be a family allowance and/or asset exemptions which protect certain assets from general creditors claims. Unfortunately, nothing is usually as simple as it sometimes seems.
Re: Heir's ability's
Mr. Wright's answer is squarely on point. If an administration is required, you'll probably want to wait until your sister is of age so she can sign an affidavit requesting independent administration. You don't want a dependent administration if you can avoid it.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
