Orlando, FL asked in Probate and Estate Planning for Texas

Q: married 20yrs a lot of those years we were separated he passsed4/6 his family is trying to take our. Property n TX

He owned property n Galveston I live n Fla his sister is already stealing his belongings I fear she will steal the home by forging deeds / documents

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3 Lawyer Answers
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: If you were married at the time of his death, hire a probate attorney in the county where your husband died to file an Application for Determination of Heirship and Issuance of Letters of Administration. Your inheritance will vary depending on whether the property was bought during or before the marriage and whether he had children who are not yours.

Sharita Blacknall and Beth Ann Serafini-Smith agree with this answer

Sharita Blacknall
Sharita Blacknall
Answered
  • Dallas, TX
  • Licensed in Texas

A: I am sorry for your loss. If you were still married at the time of your husband's death you need to contact an attorney to assist you with probating his estate. You should do it as soon as possible before all the assets have taken or destroyed.

Beth Ann Serafini-Smith agrees with this answer

Beth Ann Serafini-Smith
PREMIUM
Beth Ann Serafini-Smith
Answered
  • Estate Planning Lawyer
  • Katy, TX
  • Licensed in Texas

A: You need to find a probate attorney in the county where he lived at the time of his death, and it sounds like the sooner the better. If there was a Will it needs to be probated and the named executor will receive Letters Testamentary. If there is not a Will then you need to file for an administration and an heirship in order to determine the legal heirs. If no Will, an administrator needs to be appointed to receive Letters of Administration. Either type of Letters will allow the personal representative to gather the assets of the estate and administer the estate. If there was no Will, Texas law will determine who his heirs are and their share of his estate.

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