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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 101324
Experience:  Fully licensed attorney in Texas in private practice.
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How do I get my property back from my family? they went in

Customer Question

how do I get my property back from my family ? they went in my mother.s house and took all the property out of it before probate plus took it to another county I have witness how do I file onthat? I am waiting on the death certificate now plus iwould like to file a pettetion ofdesposition of entitlement to the court.
Submitted: 7 months ago.
Category: Estate Law
Expert:  Attorney2 replied 7 months ago.

Welcome and thank you for your question. I will be the Attorney that will be assisting you.

Expert:  Attorney2 replied 7 months ago.

I want to make sure that I understand your clearly. It will be my pleasure to work with you today.

how do I get my property back from my family ? they went in my mother.s house and took all the property out of it before probate plus took it to another county I have witness how do I file onthat? I am waiting on the death certificate now plus iwould like to file a pettetion ofdesposition of entitlement to the court.

Did your mom leave a will? If so is the named executor? If she did not leave a will let me that to. Were you living in the house? Was any of your personal taken from the home?

Expert:  Ely replied 7 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Your previous expert has opted out and I have opted in. I am sorry to hear about this situation.

First, someone in your situation may wish to file for probate and get appointed the Executor. When someone passes away, then their estate has to be distributed. The problem is that without probate - with assets such as titled property or bank accounts (those that do not have a pay on death clause) - this is hard to do. This is because you cannot switch over the assets without an order from the probate court, and simply a Certificate of Death will not do. A Certificate of Death simply states that someone has passed on, but does not give you the right to really do anything in the deceased's name.

So one files probate. Once probate is filed, the Executor of the estate gets something called a Letter of Testament/Administration (hereinafter "Letter"). This Letter will allow the Executor to switch over the assets from the deceased individual to whoever will own the property. It is like a "Power of Attorney," but from the Court. Without that Letter, there is no way to transfer titled property and switch the assets into the beneficiaries' hands. Now assuming you get appointed Executor (or, someone else), but regardless, the property would go to you by the Will or default succession if there is no will), then, you can ask the probate court to ORDER them to return the items.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 7 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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