Dallas, TX asked in Real Estate Law and Probate for Texas

Q: Can I sell my dad's old house after my siblings have past on?

My dad's will left his possession's to 3 of us. My sister past away 10 years prior to my Dad. My brother recently past . My dad's probate was never completed.

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1 Lawyer Answer

A: If your sister passed away before your dad, then her share would go either go to her children or to the other named beneficiaries (depending on what the will states). If your brother died after your dad, then your brother's share would go to your brother's estate (in other words, be controlled by his will).

All that said, the probate attorney you hire will need to know more about the incomplete probate of your father's will.... Depending on the stage of the case and the probate court assigned to the case, it may or may not be possible to continue that probate.

Big picture: You should talk with an attorney who regularly handles probate cases. It won't be complicated for a probate attorney, but it might be complicated for an attorney who doesn't handle probate cases all the time.

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