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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 30130
Experience:  Texas lawyer for 29 years in Estate law
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My stepsister married my dad after my stepmother passed, approximly

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My stepsister married my dad after my stepmother passed, approximly 7 years ago. Everything was paied off before they married and in his name only. My dad gave the stepsister and stepbrother a lakehouse for ther interance and didn’t give us anthing. My dad just passed July 20, 2013 and now my stepsistermother says she going to get her mother part of the property and hur part because she was my dad wife. She did not put any money into my dads checking account the hole time they were married. Right befor he dies he got where he couldn’t talk she sales hur house in Dallas Texas and takes a loss to put money into the checking account with my dad . My did did not have will at time he dies here in Texas. Thanks XXXXX XXXXX ( XXX@XXXXXX.XXX )
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Gary,thanks for your question and good afternoon.

I am a Texas lawyer and will be helping you today.If your father died intestate(no will) then his estate is distributed under the Texas laws of intestacy.His estate consists of his separate pre marital property and his half of the community.As a child here you have inheritance rights in both.The chart below sets out your interests under the Texas law.

You may want to consider your own lawyer here locally to file for probate and seek to be appointed personal representative in order to protect your rights here and administer the estate.You certainly have rights to your share as you can see if there was no will.Not sure where the other person here is getting ideas otherwise.

Here is the chart..

Texas Descent and Distribution

You can locate a local probate lawye here.

http://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_


You would be reimbursed form the estate for the legal fees.You may also be paid as personal representative by the court.In Texas that fee is 5% approved by the court.Here is the law on that issue.

 

 

§ 241. COMPENSATION OF PERSONAL REPRESENTATIVES. (a) Executors, administrators, and temporary administrators shall be entitled to receive a commission of five per cent (5%) on all sums they may actually receive in cash, and the same per cent on all sums they may actually pay out in cash, in the administration of the estate on a finding by the court that the executor or administrator has taken care of and managed the estate in compliance with the standards of this code; provided, no commission shall be allowed for receiving funds belonging to the testator or intestate which were on hand or were held for the testator or intestate at the time of his death in a financial institution or a brokerage firm, including cash or a cash equivalent held in a checking account, savings account, certificate of deposit, or money market account; nor for collecting the proceeds of any life insurance policy; nor for paying out cash to the heirs or legatees as such; provided, further, however, that in no event shall the executor or administrator be entitled in the aggregate to more than five per cent (5%) of the gross fair market value of the estate subject to administration. If the executor or administrator manages a farm, ranch, factory, or other business of the estate, or if the compensation as calculated above is unreasonably low, the court may allow him reasonable compensation for his services, including unusual effort to collect funds or life insurance. For this purpose, the county court shall have jurisdiction to receive, consider, and act on applications from independent executors. The court may, on application of an interested person or on its own motion, deny a commission allowed by this subsection in whole or in part if: (1) the court finds that the executor or administrator has not taken care of and managed estate property prudently; or (2) the executor or administrator has been removed under Section 149C or 222 of this code. (b) Definition. In this section, "financial institution" means an organization authorized to do business under state or federal laws relating to financial institutions, including banks and trust companies, savings banks, building and loan associations, savings and loan companies or associations, and credit unions.




I appreciate the chance to assist you today.Please let me know if you have more follow up.Thanks again.

 

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.

 

 

 

 

 

 

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 30130
Experience: Texas lawyer for 29 years in Estate law
RayAnswers and 3 other Estate Law Specialists are ready to help you
Expert:  RayAnswers replied 1 year ago.
Gary thanks again for letting me help you.Please if you have more questions let me know.It is never a problem.Thanks again.

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