Q: In Texas can I get my deceased dads stuff away from my incarcerated brothers girlfriend. No will.
A: Yes, but you would likely have to file an Application for Independent Administrator to get legal authority to do so.
If he left no more than a home, up to $60,000 in personal effects (such as furniture) and up to $75,000 in other personal property (such as a bank account), and all the heirs and two witnesses will sign, you may be able to file a Small Estate Affidavit.
The real problem for many families is that someone has made off with the "stuff" before anyone has authority over it. As my colleague has written, being appointed administrator after filing an Application for Determination of Heirship will give you authority. Then you can sue the girlfriend in small claims court -- if you can prove what she took and how much it is worth. Whether you can recover is another question.
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