Q: My brother died, no will. His son may have already contacted a probate lawyer, do I need my own separate attorney. ?
Brother and I lived & own home, only us on deed.
A: You do not need a separate attorney. However, you should be aware that since your brother died without a Will, his interest in the home will pass to his children (if he had no spouse), not to you. As heirs, they can bring a suit for partition. That means you must either buy them out or the house will be sold and the proceeds split. They may agree to lease their interest in the home to you for awhile -- or for life. For this, you will need a lawyer.
Tammy L. Wincott agrees with this answer
A:
My condolences on the passing of your brother.
You may want to seek a private consultation with someone other than your nephew's lawyer. A probate attorney will be able to explain the laws regarding dying without a will in Texas and other related issues.
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