Legal Question in Wills and Trusts in Texas

Protected from Prosecution

I learned from the D.A. in Harris County, that a surviving spouse can illegally transfer a title to a vehicle by using an Heirship Affidavit stating, no will, no heirs (although there are heirs and a will already in Probate) and hold on to the illegally obtained title, lie to the Sheriff of your intentions to turn it over, sell and give away everything in the Estate, trash the home while protected from criminal charges by the fact that a civil process is ongoing. My Mother buried two husbands and the third, which was nothing more than a companion with spousal rights to a home owned before marriage, can strip the legal heirs (willed heirs) of everything. Generations of inheritance...spend all estate funds by creating constant trouble as stated above and get smooth away with it. According to Probate laws, the estate is not liable for removal of his administration, or admitted theft of the estate and removal to another state, but that is also happening here. I have been told I will have to hire yet another lawyer to do anything about it. Is there anything that can be done about this man?


Asked on 10/28/05, 10:54 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Protected from Prosecution

I'm not sure I understand all of what you're talking about, but TRO's are available - and have been for a long time. Also, Accounting for the estate is available - that's just a couple of things. But, you're right it costs money to do these things.

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Answered on 10/30/05, 5:19 pm


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