Dallas, TX asked in Probate for Texas

Q: Brother filed for Independent Administration of Estate Do I have to sign?


Mother passed 2018

i lived in home

Need clarifation as to court date

"First Monday after expiration of Ten days from the date of service of this citation"

received Sat 8/ 23 21021

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1 Lawyer Answer
Isaac Shutt
Isaac Shutt
  • Probate Lawyer
  • Richardson, TX
  • Licensed in Texas

A: There could be a court date any time after the ""First Monday after expiration of Ten days from the date of service of this citation". However, the judge can't appoint an independent administrator without your consent.

Whether or not you should consent is totally up to you. If you don't consent, the judge may appoint a "dependent administrator", which means that the administrator has to get permission for every action from the judge. The judge could also appoint no administrator at all.

If the only asset is the house, your brother may want to become administrator so that he can get you removed from the house without the court's permission.

You should definitely talk with a probate lawyer to see what your best option is.

1 user found this answer helpful

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