Cedar Park, TX asked in Estate Planning and Real Estate Law for Texas

Q: Mom is the last sibling living. My grandmothers estate should go to her. My cousins went behind her back & changed deed.

My Mother is the last living sibling. My grandmother died and the estate was never settled. I have my mom's power of attorney since she is now in the nursing home. I went to try and settle my grandmothers estate and come to find out my cousins went behind my mothers back and took her off of the property. In other words they stole the property right from underneath her. What do I need to do to get her rightful inheritance back?

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

A: If the estate was never probated, your cousins may have transferred title by filing an Affidavit of Heirship. Texas courts only enforce an Affidavit of Heirship if it has been on file as a public record for five years and no one has objected. If it has been less than five years, you may have recourse.

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