Legal Question in Wills and Trusts in Texas
No Will, Who will be Administrator
My wife died in December 2005 without a will. She has four children prior to marriage. Married 13 years. Live in home she owned prior to marriage. We have two vehicles. Mortgage is due on home and about 3 years left on car note. The home has a mortgage due of about 30,000.00 and is appraised at 38,000.00. I wish to be administrator of estate, children disagree. If I pay for the probate of the estate will the court allow me to become the independent administrator. I understand I have a life estate, but if I continue the upkeep on home will I receive any of my monies back I put into the home. I wanted to buy the children out of their shares, but they refuse, and will not pay note on house if I leave, as they will allow home to go into foreclosure. Children want more than appraised value of home, which I am not willing to pay due to mortgage due. What amount should I bargain with children, as I understand I am due 1/3 of the equity of the house if sold. What is likely the court will decide, we all become equal administrators. We do not get along with each other for that to happen. The property in home is not of great value. Who gets the vehicles, even though there is a note due.
1 Answer from Attorneys
Re: No Will, Who will be Administrator
The vehicle is probably community property, so you get your 1/2 interest. You have a community property interest in the appreciation of the house over the 13 years you've been paying in.
As a holder of a life estate you are obligated for the taxes and insurance, the children are entitled to the value of their 1/3 interest as of the date of your wife's death. You can also rent out the property and collect the rents.
As to who the court will appoint as administrator, only the judge can determine. I doubt the judge will make the administrator independent.
You've a potentially messy situation on your hands, and not something you want to handle by yourself. Hire a lawyer to help you get things sorted out, because it could ultimately be more expensive to try and handle it pro se.
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