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 ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 16189
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Estate Law Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

My father past away 2 years ago May. My mom passed away 1 year

Customer Question

My father past away 2 years ago May. My mom passed away 1 year ago July 3rd. NO WILL. There are 3 siblings...1 will not talk to the other 2 and has decided it is "okay" to just move into my mother's home. How do we probate or fight this?
Submitted: 1 year ago.
Category: Estate Law
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation. The only way to "fight" this is to become a legal representative of the estate. In other words, you have no greater or lesser rights to do what this other sibling has done, or to prevent this sibling from doing it (as you have an equal claim to the property). To be able to kick out the sibling you would have to have a greater claim, and you could have the authority to do so by being the personal administrator of the estate. That entails filing for probate. One need not be a lawyer to serve as an executor, administrator, or guardian. However, the executor, administrator, or guardianmustbe represented by counsel.As executor of a decedent’s estate, you don’t represent only yourself. An executor represents the interests of beneficiaries and creditors. This responsibility to act for the benefit of another is known as a fiduciary relationship. It gives rise to certain legal obligations and responsibilities that require legal expertise. The attorney you hire represents you in your capacity as executor and assists you in representing those for whom you are responsible. That being said, you need to contact an attorney in the area where your mother lived at the time of her death that deals with probate cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in the area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in the area, and what you should do next. During the probate process the court will handle the matters regarding the ownership interests and disposition of the estate property. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 1 year ago.
Did you have any other questions before you rate this answer?
Expert:  ScottyMacEsq replied 1 year ago.
Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)
Expert:  ScottyMacEsq replied 1 year ago.
My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. ▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

Related Estate Law Questions