Does the man still have a living parent?
If not, the rules of intestate succession in Texas say that the man's property is to be divided between his siblings and siblings' descendants (if one or more of his siblings' predeceased him.)
If the man does have a living parent, his estate will be divided into two equal parts with one half passing to the surviving parent and the other half passing to his siblings and siblings' descendants as described above.
If the property he inherited with his two brothers was real property, there are more potential issues. If he and his two brothers were joint tenants with rights of survivorship, his interest in the real property would pass equally to the two surviving brothers by operation of law. If his interest in the real property was as a tenant in common, that interest would pass through the intestacy rules and still potentially be distributed to his two brothers.
This information is not intended to be legal advice and does not establish an attorney-client relationship.
I agree with Mr. Irvin's response. You will need to prove up the person's rightful heirs either through an heirship determination in court or with an Affidavit of Heirship if you are only dealing with real property. An Affidavit of Heirship is simply a legal document recorded in the deed records that recites the persons marital and family history to establish his rightful heirs,
The laws of descent and distribution in Texas will govern the distribution of real and personal property when a person dies without a will. You will need to engage and experienced probate attorney to advise you whether a determination of heirship proceeding in probate court will be necessary or whether this is a situation where an affidavit of heirship may be sufficient to be used to establish title to real property.
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