Probate and heir questions

Asked over 1 year ago - Deer Park, TX

my father passed away and instead of giving me my dads stuff my grandparents and uncles went through his house and took everything of value. can they do this? is there any way i can get it back from them help i am only 18 and my parents were not married. my uncle said i was named as my dads heir and that i would get anything that did not have to be sold to pay his bills. when my dad was in the hospital he said he wanted me to have his truck and i just learned my grandparents gave it to my uncle. can they do this? we go the first of april to court to probate his will.

Attorney answers (3)

  1. David M. Pyke

    Contributor Level 15

    8

    Lawyers agree

    Answered . As to the "stuff" this is a classic case of what I call the "pickup probate." Which means: the first one to the house with a pickup wins. Cruel, but true. Yes, you can sue your grandparents and uncles, but pursuing such a case won't be worth it. If your father died unmarried and you are his only child, then you are the heir. You refer to probate of a will, so the will controls and an executor should be named. I'm assuming the uncle is the executor and he is correct, the bills must be paid first. That includes using any vehicle. Vehicle title can not be lawfully transferred without probate. You need your own attorney.

    There is no legal relationship created or implied by the exchange of message on this website. All statements are... more
  2. James P. Frederick

    Contributor Level 20

    5

    Lawyers agree

    Answered . I agree with my colleagues. There is also a chance that you will receive many of these items through probate, anyway. You can certainly show up in court and object to what took place. The judge may direct that the items be returned to the estate for your benefit. It would be better for you to be represented by a probate attorney.

    James Frederick

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  3. Matthew Erik Johnson

    Contributor Level 17

    3

    Lawyers agree

    Answered . You can and should probably open a probate. By intestate succession laws, the children of the deceased parent receives the entire estate. The right to inheritance does not "climb" the family tree.

    Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale... more

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