Dallas, TX asked in Estate Planning and Probate for Texas

Q: Dad died 2/4. Filed probate Will 2/20. It's July & still waiting for Letters of Admin. Is this normal timeline?

Dad's wife predeceased him and left no Will. She had no children. Her brother has moved into their house, took their cars, even used his bank acct. My brother and I are his only heirs named in Will. We are afraid everything is squandered. Why is it taking so long to get Letters of Admin so we can talk to Banks, Mortgage, etc.? Our attorney is mostly quiet. Says the courts are backed up. What can we do?

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

A: If your (step)mother predeceased your father and died without a Will, her estate must be probated before his can be. Someone should have filed an Application for Determination of Heirship and Issuance of Letters of Administration. How her interest in community property and separate property (real and personal) would pass depends on whether she had children from another marriage or no children but surviving parents or siblings.

After that estate is settled, the court will be able to properly probate your father's Will.

It sounds as though you need to discuss the entire situation more thoroughly with the attorney whom you hired to probate your father's Will, including your suspicions about her brother.

Tammy L. Wincott agrees with this answer

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