Los Angeles, CA asked in Probate for Texas

Q: In the state of Texas can I be made to get an attorney & go through probate for my birth Mother that died intestate?

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1 Lawyer Answer
Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN

A: Nobody can be FORCED to administer a decedent's estate. That would be slavery and a violation of the United States Constitution. Usually the next of kin takes on this task, but not always. You may or may not even be considered next of kin if your mother gave you up for adoption. Your facts suggest this possibility when you refer to her as your "birth" mother, suggesting you have a adoptive mother as well. In any event, if the next of kin does not come forward, and if there actually is an estate to administer, anybody else with an interest in seeing to it that the estate is administered can come forward and petition to be appointed executor or personal representative.

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