Legal Question in Wills and Trusts in Texas

My step dad passed away in October and in his will he left everything to my mother with his sister being the executor but also stated that if his sister did not want to deal with it his daughter as the executor. My mother has now passed away and did not leave a will. We would like to sell the house they lived in. Can I sell it or does it have to be one of the executors of his will beings my mom did not have a will?


Asked on 12/30/11, 8:02 am

2 Answers from Attorneys

His estate is completely separate from that of his spouse's estate. As such, the executor of the step dad does not have any authority over your mother's estate. That executor can only take your step dad's property and transfer it to the administrator of the mother's estate. The administrator of the mother's estate can then handle it from there.

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Answered on 12/30/11, 8:18 am
Donald McLeaish McLeaish&Associates;, P.C.

You should hire a lawyer where your mother resided when she died..who does probate..and ask that u be the administrator...That lawyer would facilitate the process...Mr Leon stated the law correctly...and you could contact him...

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Answered on 12/30/11, 9:19 am


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