How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask RayAnswers Your Own Question

RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29659
Experience:  Texas lawyer for 29 years in Estate law
8534270
Type Your Estate Law Question Here...
RayAnswers is online now
A new question is answered every 9 seconds

My father had made a will stating he wanted to leave his house

Resolved Question:

My father had made a will stating he wanted to leave his house to his 3 daughters. he died 03-2010 and now his wife just died. My wife one of the three children were surprised their 1/2 brother son of their mother from before she married her dad came and stated the house is his because his mom gave it to him. He was never adopted nor was he not even in the picture when my wife's parents bought the house.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Thanks for your question and good evening.

Your first stop here would be the county clerk to see if he has legal title or your dad does.Assuming he does not then it would be part of your father's estate if title was in father's name.His estate in Texas consists of his separate premarital property and half the community property.

Once you are able to research this a bit I would consider a local lawyer to file the will for probate.The executor would proceed to gather assets and liquidate them, pay any creditors and distribute the remainder here to the three named heirs.

It does not appear that step brother would own the property if it belonged to your dad and was premarital separate property.The house appears to be part of his estate here.You are going to need an estate lawyer to file for probate here where he deceased.

You can locate one here through our state bar..

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

Texas law stipulates that a will must be probated within 4 years from the time of death. A SOL is put into effect to allow the court to hear fresh recollections of important facts and to help with the timely start of Texas probate court proceedings.

So you can still file the will for probate.

I appreciate the chance to assist you tonight.If you have more follow up please just ask.Thanks again.

Expert:  RayAnswers replied 1 year ago.
Thanks again for letting me help you.If you have more follow up please just ask.I know this can all be kind of overwhelming here.
Customer: replied 1 year ago.


I sent a follow up question.


 


1. can the 1/2 brother have his mom give the house to him with no consideration of the mutual children?


 


2. if the will the father had made is missing what can the mutual children do?


 


3. the 1/2 brother was asking them all for a letter giving up their writes under false information and not all did it. is there a reason for him asking for the letters?


 


4. if yes how can he now say the house is his?


 


 


situation: Mr. and Ms. got married. he had no children she had 2. they had 6 children and during this time, Mr. bought a house. his name shows as the only one on the deed. Mr. dies 03-2010 and that is when the 1/2 brother was pushing Ms. to have the house put in his name and an attorney had him get letters from the 6 children but not all signed and now he says the house is his.


 


 

Expert:  RayAnswers replied 1 year ago.

Let's go over your follow up.Thanks for your patience.

You state..situation: Mr. and Ms. got married. he had no children she had 2. they had 6 children and during this time, Mr. bought a house. his name shows as the only one on the deed. Mr. dies 03-2010 and that is when the 1/2 brother was pushing Ms. to have the house put in his name and an attorney had him get letters from the 6 children but not all signed and now he says the house is his.

For starters you state they purchased it after marriage here even though his name is XXXXX XXXXX deed so it is community property.Assuing you cannot locate will then his share passes under the laws of intestacy( no will).Now if you find the will then his half passes to the both of you(1/4 each as per terms of will)

If no will then..

Here is the pie chart that explains the situation , look to item C here because there are children outside the marriage



Intestate Distribution Chart



1. can the 1/2 brother have his mom give the house to him with no consideration of the mutual children?

 

Here when dad deceases without a will he has half , she has half.

His half goes 1/2 to spouse(1/4) and one half to children(1/12)

So here he has not accounted for all the fractions of the children.Each child has a interest here--thats their 1/2 interest x the six kids(1/12th)

 

 

2. if the will the father had made is missing what can the mutual children do?

Look for copies, check with lawyers, check with county clerk here to see whose name deed is in and also if a will was filed for probate.

 

 

 

3. the 1/2 brother was asking them all for a letter giving up their writes under false information and not all did it. is there a reason for him asking for the letters?

He is gathering a larger interest trying to make a whole here.

 

He likely has his mother's half and then his 1/12th plus whatever other shares he has acquired.But he doesn't own it all here..He might try to buy you guys out.

 

 

4. if yes how can he now say the house is his?

 

He cannot here.Unless he can get all the children here to sign off then it goes through probate, house is sold, and proceeds split.Your remedy here is a lawyer and to open probate and seek full accounting of all assets here.There is likely more community property besides the house.If you are named personal representative here you get fee for serving and all the other costs come off the top and then it is divided as per court ordered share using laws of intestacy above.

 

I think I covered everything here.Let me know if you have more follow up.Thanks for your patience.

RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29659
Experience: Texas lawyer for 29 years in Estate law
RayAnswers and 4 other Estate Law Specialists are ready to help you
Expert:  RayAnswers replied 1 year ago.

If you filed here and were named the PR then you get a court approved fee.A PR is what used to be called and administrator or executor.At any rate besides controlling the assets then you would also get paid as PR.

In a marriage of this length there are abound to be other assets here besides the house, furniture, cars, money, etc and you would seek a full accounting and claim it for the estate.

§ 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. Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1957, 55th Leg., p. 53, ch. 31, § 8; Acts 1987, 70th Leg., ch. 919, § 1, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 468, § 1, 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 957, § 42, eff. Sept. 1, 1993.

Expert:  RayAnswers replied 1 year ago.
Thanks for your recent question and positive rating.If you can return the customer satisfaction survey with a positive rating it will be much appreciated as well.If you have future questions post them for Ray and I will be happy to respond.Thanks again.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.