Legal Question in Wills and Trusts in Texas

Heirship

When my son's father died in 1995, he was 18 months old and there was a half-brother who was 9. At the time of death, the title of his father's truck and motorcycle were transferred into his sister's name claiming her as having legal heirship and listing her as the next of kin. We have been fighting this for seven years now. Are his two surviving children not his heirs and do they not have the right to the estate? The application for title transfer lists her, his brother, his father and his mother as the only known heirs to this property. His family has told us that this was done because the children were minors and did not have legal rights as heirs. Could you please give me some insight on this. Thank you.


Asked on 7/18/02, 12:02 am

3 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Heirship

Was the father married? If so, his spouse would be first in line. If he wasn't married, his children would be first in line for the father's estate, without regard to whether they were minors or not.

I don't know how you are fighting this, but a probate court would straighten out the matter within a reasonable period of time.

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Answered on 7/18/02, 9:48 am
Robert Forrester Gibson, Ochsner & Adkins

Re: Heirship

The children are the heirs of their father as to the father's interest in ANY property. His kin stole from their deceased brother's children. Go see the district attorney. Some documents may have been forged.

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Answered on 7/18/02, 2:05 pm
Laura D. Heard Law Office of Laura D. Heard

Re: Heirship

Children, as minors, are still heirs. The only question is how to manage their property after they inherit it, and often a trust or a guardianship is necessary alongside the inheritance to protect it. Regardless, the children still inherit. The parents and siblings of the decedent are not entitled to anything in this situation. You said that you have been fighting the transfer of title for seven years, but you don't say whether you are fighting it in court. Generally, the heirship proceeding must be filed in probate court within 4 years of the father's death. It is possible that this title transfer took place at the Texas Department of Motor Vehicles without a probate court involved. The title transfer document contained fraudulent information (if they knew of the children and failed to list them), which may be a crime. You should obtain a copy of the title transfer document and take it to the district attorney.

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Answered on 7/19/02, 12:01 am


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