Legal Question in Wills and Trusts in Texas

My mother died with only 2 kids, and my sister who has a tax lien filed on her
My mother died in Dallas county in August and it was unexpected so I didn't have a chance to get her will to her to exclude my sister, however she told it verbally several times over the past year or so before she died that she didn't want my sister to have any part of her estate (which is a condo((still being paid on))). There are many witnesses, including my sister, but she knows my mother never signed a formal will (she wrote a holographic will of one sentence if that counts) and wants to fight me for her ''half''. Also, if my mother listed only me as a beneficiary of her life ins policy would that be considered proof enough to keep my sister from her ''half''? However, the condo is in terrible shape and needs several repairs but my sister doesn't want to help pay for any of it.
Meanwhile, I am living in the condo and have rec'd several letters of debt my mother owed the largest is for $3k from a credit card co that claims they can file a lien against the property and I discovered the IRS filed a lien against my sister for a $29k debt and this condo is listed at $33k value but in its current cond it would be worth much less, and she owes $18k on it.
I don't want my sister to get any of it and my mom didn't either. What do I do?

Asked on 2/07/09, 7:29 pm

2 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

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Re: My mother died with only 2 kids, and my sister who has a tax lien filed on her

You really need to contact an attorney. An heirship proceeding will straighten this all out. Many attorneys will provide a free initial consultation to look at your proof and the debt and advise you accordingly. My sympathy on the loss of your mother.

Answered on 2/08/09, 8:52 am

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