Q: In 2000, my brother passed away and had no spouse and only one minor child.
I filed an Application to Appoint Dependent Administrator. The attorney said that since I was not his heir, I could not do it so we filed a nonsuit. The case was dismissed without prejudice but the case still shows as open. Can his child file an Application now that the child is an adult although the case still remains open in Texas? Is there anything that I need to do so that a new Application can be filed.
A:
YES, the child can definitely file an application for administration. However, now that the child is an adult, there are better options. For one, depending on what assets there are, there may not be a need for an administration. He may just need a "determination of heirship" only. If he needs a determination of heirship AND an administration, he can go with an independent administration. That would be much, much better than a dependent administration.
Bottom line is this: If there are assets in your brother's name, your nephew should definitely get a probate attorney to help him get those assets in his name. The options available now are actually probably better than the options that were available years ago.
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