Legal Question in Wills and Trusts in Texas

I will try to answer your question with the information you have given me, but understand, a little more information regarding what proceedings have taken place, would allow me to provide a more helpful answer.

First, when you say you withdrew your brother's original will, I will assume this to mean that you didn't submit it to the Probate Court. Meaning, the will has not been submitted to the Court and instead, your brother's estate will be divided up to his heirs. In order for this to occur, the Court must appoint a "Dependent Administrator" and then initiate Heirship proceedings to determine who are the heirs of your brother. If this has occurred then each individual heir, depending on his/her relationship to your brother, will receive a certain % of your brother's estate.

Important: if a will is not submitted to probate because it is faulty or someone contests it and wins, then the intent of the deceased in that will document no longer matters. The words on the paper will not be enforceable; instead, the laws of inheritance in Texas will apply.

Under the statutes of Texas, the surviving parties of a deceased individual determine who and who does not inherit a % as an heir. If your brother had a spouse when he died, in addition to his natural born daughter, this would result in all of his estate being split between his daughter and widow. The result, your mother would not be entitled to any % of your brother's estate. If your brother did not have a wife when he passed away, but only a daughter, then this would result in a distribution (%) of your brother's estate.

Regardless of what % the heirs of your brother will inherit and who they actually are, the Dependent Administrator will have the legal ability to require your mother to transfer title back to your brother's estate... or to the individual(s) who inherit % of his estate.

If the court has appointed a Dependent Administrator for your brother's estate then you've likely been involved in the heirship proceeding you mentioned and you've become aware of who can inherit from your brother's estate. These individuals can request the Dependent Administrator retain the truck or sell the truck.

If the court has not appointed a Dependent Administrator then I advise you to meet with an attorney as soon as possible to begin the process. As an interested person (brother), you can petition the court to appoint you as Dependent Administrator. Look for an attorney who provides a FREE initial consultation in your area and he/she can help explain the steps you need to take.