Legal Question in Wills and Trusts in Texas

Hi

I need to file as successorship for my dad's estate that my sister was administator of until she passed in Oct of this year. My dad passed 3.5 years ago and nothing has been done with his estate. There is only his house (facing foreclosure because the man that lives there refuses to talk to me until I am the administrator of the estate and refuses to make any payments, he hasn't made payments since he moved in in April of this year) 5 acres of land, a car, and a stolen truck. That is all. I cannot locate the form nor an attorney that will help me without charging me 2500 retainer and 10k to finish the estate. The original attorney did nothing, and my sister (24) was too young to be left to handle such a task. We, the remaing 4 children, all live in CA and I am running into many brick walls while trying to get this settled. Do you have a successorship form that I can file with the courts so that I can get this handled? Please let me know. Thank you for your time.

Angela Luevano

(209) 740-3816


Asked on 12/14/09, 7:24 pm

1 Answer from Attorneys

To answer your question, yes, you can apply to the court to be the successor administrator. I would recommend that the surviving heirs sign a family settlement agreement in advance stating that you are going to be the administrator, and how you'll handle the situation. This can substantially reduce infighting with the family, and more importantly, the costs. I'm happy to speak with you about what to do, but I can tell you that it would not be a good idea for you to do this yourself. Just dealing with the foreclosure and eviction can be complicated enough.

Read more
Answered on 12/19/09, 8:24 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas