Legal Question in Wills and Trusts in Texas

Concerning intestate inheritance

My sister is independent administrator. She refuses to give me my part of inheritance, saying I was given money and car by my Mom before she died. My other brothers have already received their part. Her attorney sent me an email asking me to settle for $5000.

The others got $25,000 or more from the sale of real property. My question: How do I get my fair share of the inheritance?


Asked on 2/04/07, 1:51 am

2 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Concerning intestate inheritance

That's called "hotchpot" and comes into play when one devisee has received substantial sums or items of value shortly before the decedent's death. If you got more than $20,000 in cash or goods, then the $5K offer is a fair deal.

You ought to get your books and records that show what your mother gave and when, and talk with a probate attorney.

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Answered on 2/05/07, 4:23 pm
Cheryl Rivera Smith The Smith Law Firm

Re: Concerning intestate inheritance

You should have an attorney to examine the documents and ascertain if she has the right to offset your inheritance in such a manner.

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Answered on 2/04/07, 4:42 am


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