Who gets property when no will exist in Texas

Hooks, TX Viewed 26 times. Posted 3 months ago in Probate
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Dad died 2002,his wife died in January of 2009. Dad's children were just notified on 8/17/09.Neither of them had a will. house is in dad name.dad has 4 kids, wife's mother & 3 brothers are still living.No lein on house. how do we go about selling it. What papers do we need and who has to sign them? And who is responsible for the debt she incurred after dad's death? Her brother went through the house and took everything they wanted before we, the children, were notified. If we have an estate sale the sale the rest of the furnishing who do the proceeds go to? - Is this your question? Add additional information
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Answers (2)

Keenan M. Post

Keenan M. Post Avvo Pro

Contributor Level 7
This attorney is licensed in Kansas and 1 other state. Posted 3 months ago. Flag as objectionable
YOu need to hire a local probate attorney ASAP so that you can act in handling the legal affairs of your father's estate. Not sure about TX law, but it may be that the kids will end up with 50% of the real estate with the wife's family receiving the other 50%. It is important to act soon because if you are the first to file the court generally looks to appoint the party filing first -no guarantee.

Good luck.

LEGAL DISCLAIMER
Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
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Richard Daniel Weaver II

Richard Daniel Weaver II

Contributor Level 4
This attorney is licensed in Texas. Posted 3 months ago. Flag as objectionable
Here is a list of statute of limitations for various causes of action:

You do have many questions, which goes to show the complexity of the situation.
Your issue covers probate and real estate law.
We will be happy to help.
Feel free to give us a call.


Very truly yours,

Richard D. Weaver
Attorney At Law

The Weaver Law Firm
2000 West Loop South
Suite 1550
Houston, Texas 77027
Phone: 713-572-4900
Fax: 713-626-9708

www.WeaverLawyers.com



Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. Individuals seeking Texas or Houston Real Estate lawyers are welcome to contact The Weaver Law Firm at 713-572-4900. The Weaver Law Firm in Houston, Texas, has real estate attorneys, business attorneys and litigation attorneys.
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