Estate Law Questions? Ask an Estate Lawyer.
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..
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.
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