WE are a total of eight in our family. My mom passed away without leaving a will and my mom was a widow. One of my brothers had been leaving with my mom for a while and he thinks that he is entitled to everything. I don't really care much about the will or whatever. My main concern is that my moms' home is not lost; after all that hard work she put into it.
2007-11-27 13:32:05 · 7 answers · asked by yopude 3 in Politics & Government ➔ Law & Ethics
Moms assets are distributed to her heirs according to the pattern set by Texas law. If she was not married and had children, usually the assets would be split among all eight. This usually means the property would be sold so money can be divided, but the brother in the house can buy out the others.
Someone needs to file a case in probate court to get this going.
2007-11-27 13:37:15 · answer #1 · answered by raichasays 7 · 1⤊ 0⤋
The estate will go into probate, and be divided up under what's called "Intestacy" rules.
Generally, each child will get 1/8 of the estate. If there were any siblings that died before she did, their children will split that share.
Since there was no will, though, the Probate court will appoint an executor for the estate, who will be paid (WELL paid, usually) for his work from the proceeds of the Estate.
Unfortunately, things like houses are usually disposed of the executor by a sale at auction. Even worse, items of little value, such as keepsakes and souvenirs, are also usually just sold at auction, leaving the kids without the memories, and with next to no money from them either.
Bottom line.... if you're still alive, WRITE A WILL !
Richard
2007-11-27 13:41:17 · answer #2 · answered by rickinnocal 7 · 1⤊ 0⤋
I don't know much about Texas law, but I do know your brother is mistaken. Even if he was providing home nursing care or something, the law assumes that the intestate (no will) deceased intended to leave something to all family members.
I rather suspect that your mother's home will be lost, because it will have to be sold to pay off the siblings. It is probably the biggest asset your mother had, and whoever wants it can get a mortgage to pay off the other siblings.
It is quite common for someone to think that just because he or she was living in the parents' home that he or she will get the place upon the death of the parent.
You could avoid expensive litigation by going to a lawyer together.
Don't let your brother cheat you, because if he thinks he is entitled to everything then that is precisely what he intends to do.
2007-11-27 13:39:24 · answer #3 · answered by Pagan Dan 6 · 2⤊ 0⤋
I agree with the others. The proceeds of the estate will be divided equally. But the brother living there may have some rights to stay and buy you out. You will need a lawyer to file in the probate court ASAP.
If you can get all 8 to sign an agreement to this effect, it will be a lot faster and cheaper.
2007-11-27 13:43:31 · answer #4 · answered by BruceN 7 · 0⤊ 0⤋
Should go to you kids equally!! Intestate succession.
2007-11-27 13:35:23 · answer #5 · answered by A W 5 · 1⤊ 0⤋
You will need a probate attorney and they don't come cheap. If you don't probate the will, any assets will pass to the state
2007-11-27 13:35:50 · answer #6 · answered by Anonymous · 0⤊ 3⤋
http://www.burger.com/nowill.htm
2007-11-27 13:36:12 · answer #7 · answered by aprilmay15 3 · 2⤊ 0⤋