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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 40044
Experience:  Texas lawyer for 30 years in Estate law
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My father died two years ago (mother died before him). He

Customer Question

My father died two years ago (mother died before him). He had alzhymers for a number of years before he passed. My sister was the one who took care of him as she lived in the town where he stayed. I know that he had a will that split the estate between the two of us. However, my sister will not probate the will and I think that she is selling off his assets. Is there anything I can do?
Submitted: 2 years ago.
Category: Estate Law
Expert:  RayAnswers replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.
Expert:  RayAnswers replied 2 years ago.
Here you can make application for court supervised probate like there was not a will.If the sister has the will she will have to produce it otherwise you are appointed personal representative and can then gather assets.
Expert:  RayAnswers replied 2 years ago.
If the sister has taken assets and misused them the estate here can use her and recover them.
Expert:  RayAnswers replied 2 years ago.
You really need your own lawyer where your mother deceased to protect here and get probate going.You have rights here.If there is no will then the assets pass under the Texas laws of intestacy--no will.
Expert:  RayAnswers replied 2 years ago.
Here is a chart that sets out the laws of intestacy if no will is produced.http://bbxoperating.com/sites/bbxoperating.com/files/forms/Texas%20Intestate%20Succession%20Charts.PDF You can locate a lawyer here through the Texas Bar, you want a probate lawyer..http://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_ I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.
Expert:  RayAnswers replied 2 years ago.
Here is more information about intestate succession..http://www.nolo.com/legal-encyclopedia/intestate-succession-texas.html
Expert:  RayAnswers replied 2 years ago.
Thanks again for the chance to help tonight.