Houston, TX asked in Probate for Texas

Q: My dad passed away with a will. My stepmom is having an estate sale without going to probate. How can I stop the sale?

What forms do I need to file to stop the estate sale? This case HAS NOT been to probate. He passed away August 23, 2016 and the estate sale is taking place the first week of November. There is a will which my step mom refuses to produce. I am the only BLOOD son and have been told for the last 20 years by both that when dad died everything in his wood work shop was mine. After his passing that claim has changed. The sale is to take place next week and I need to stop the sale asap. I cannot afford an attorney. This is in Angelina County Texas.

I was told by a Lufkin attorney to file a probate case claim and become will administrator. How do I do this and what forms do I need to file? PLEASE HELP

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1 Lawyer Answer
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: Hire a probate lawyer in your county to (1) file an application to probate and (2) a Motion for a Temporary Restraining Order. The court will require an attorney for (1) but you may be able to do (2) yourself. It can usually be had in a day. You may be able to do it yourself. Be sure to have the county constable serve the order on your stepmom. You will have to appear at a hearing in about two weeks to get a permanent restraining order.

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