Legal Question in Wills and Trusts in Texas

Re: No Will

For failure to probate this matter timely, this property is now vested in each of the surviving heirs - not only children of the deceased grandparents, but their grandchildren and great-grandchildren. I hope this property is valuable because to centralize title in the 6 surviving children will require disclaimers from all other surviving heirs. I presume some of the grandchildren are over the age of 18 - some of them may have children of their own. Those children under the age of 18 will likely need an ad litem to disclaim thier interest. This is a real mess. I would imagine it will take some significant legal fees to straighten out - and it will only get worse the longer you wait.

Re: No Will

It is really very simple, but will take some sorting out as far as the extended family is concerned - a little like putting a jigsaw puzzle together. It will be the same process for the truck. The title company, at the time of sale, will require a series of affidavits for those decedents who died intestate that will allow the property to be insurable. However is best to have this already done prior to marketing the property. All of the above depends on ALL of the heirs being in agreement. If the split is contested by any one of them, a formal heirship proceeding in court will be necessary.