Q: Can I file an Application for Determination of Heirship Pro Se as I am the only child and heir of Decedent in Texas?
In the Court's website it says that their are "certain exceptions" when a judge will allow Pro Se representation and goes on to say that under Exceptions - "Other actions at the discretion of the Judge."
Since I am an only child, no Will, mother died before father, do you believe the Judge may allow me to file Pro Se and move forward with the issuance of citation by publication and appointment of attorney ad litem?
Thank you for your attention and consideration in this matter.
A: You may not need a determination of heirship. There are alternatives which an attorney can help you assess and choose the right option based on the combination of assets and debts in the estate. With regards to real estate, you may need to settle both of your parents' estates in order to establish marketable title. I suggest you meet with an attorney, pay a reasonable consultation fee, and get an informed opinion before moving forward. Depending on the circumstances you may need an attorney to represent you as the personal representative of the estate, or you may simply get a definitive answer which option is best before moving forward pro se.
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