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My gg grandfather died intestate in 1939. He purchased land in 1900 and had it legally vested as "estate".

Gonzales, TX |

Someone in the family has just about always been tied to this land since then, living on it and caring for it. At one point it was leased for minerals. However, from my knowledge, it has never changed hands. It is still deeded in his name as 'estate'. What does this mean for me as one of his heirs? How do we as his heirs claim his estate?

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Attorney answers 5


You may be able to research ownership in the county land records. If the deed dtill shows your ggg as grantee, then any of the heirs can prompt a judicial determination of heirship and ask that an administrator be appointed to transfer the property. See a probate attorney.

John Zgourides
(713) 876-7001

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I would hire an attorney to obtain a title report and trace the history of title and ownership. Your attorney can then tell you if the property is still owned by your family or what needs to be done, if anything, to clear up the title.

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You first need to have title run for the property to see who are the current owners of the property. If you great great grandfather's estate is still in title, then you would need to have either an heirship determination conducted or an affidavit of heirship drafted to assist in passing the title down to currently living family members. It may (and probably will) involve many affidavits or heirship determinations. You are going to need an attorney to assist you. If you can find an attorney that knows how to run title and knows probate, then you will be set.

If this response was helpful, please mark it as helpful or as a best answer. The response provided herein is for informational purposes only and is not intended as legal advice, nor does it establish or intend to establish an attorney-client relationship. You should always speak with a licensed attorney regarding your legal rights before taking or not taking any particular action.


Instead of estate, do you mean a Trust? A trust can continue for many years after the death of a person. Best way to answer your question is to hire an attorney to research this issue.



No. It is vested es "estate". A trust is something altogether different. Thanks.


Assuming your facts are accurate, right now his heirs are underetermined and title is unclear. Because nothing has been done for so long, an heirship proceeding will need to be done for his estate and if such heirs are deceased and left no Will that was admitted to probate, then heirship proceeding in probate court will also need to be done for such heirs. You need to hire a very experienced probate attorney to protect your rights.



I just wish someone would help us. All that I have been getting are no responses. I fax the information of what I have over to the lawyer and the I never hear from them again. I don't understand why it is so difficult to get legal representation in Texas????

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