Legal Question in Wills and Trusts in Texas

Re: unwilled estates in texas

Generally the property of people who die without

a will goes to the "heirs" of that person. So,

if there is no one else and you and your brother

are the only children of your father you would be

his "heirs" and entitled to his assets upon death,

assuming all his debts were paid.

If your fathers business involved real property

(land and/or buildings)then you will need to get

the title to this property into your and your

brothers name. This can probably be done by an

affidavit of heirship. An attorney should not

charge you much for preperation of this affidavit.

If you have been managing the business for three

years or so, you probably have access to all property

in the business. Change of ownership of the business

depends upon what form the business takes. Is it

a sole proprietorship, a partnership or a corporation?

What property does the business own or control?

You need to find out about any property liens due

on your father's property. If you haven't heard

anything about it in three years the owner of the

lien can't be too concerned. You need to find

out if there is a legal lien on any of your

father's property or the business and work to

remove that lien if possible.

Good luch!