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Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 6541
Experience:  29 Years in General Practice and Estate Planning
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My brother passed away about six years agof and apparently

Customer Question

My brother passed away about six years agof and apparently left his house to me and my two brothers. Well, my oldest brother took it upon himself to put the house in his name saying it was left to him only. Unfortunately, he was executor of the will and did whatever he wanted to and put the house in his name. I live in New Mexico and he lives and Texas. Everything was left in fourths unyil my mother passed away. I assumed it split into thIrds after I lost her. I have no contact with either of the brothers because of their greed? What are my rights?
Submitted: 5 days ago.
Category: Estate Law
Expert:  Andrew replied 5 days ago.

Hello I am a licensed practicing attorney with 20 years’ experience hopefully I can help with your problem. Please give me a moment to review and respond to your question.

Expert:  Andrew replied 5 days ago.

If there was a Will do you know if a probate occurred in the state of Texas? For him to transfer the property into his name there would have to be a final order in the probate case giving him the property.

Expert:  Andrew replied 5 days ago.

If probate did indeed happen, I would contact the court clerk in the county where your brother passed away and see if you can get a copy of the probate file and the Will as well which would have been filed in the case. Your brother should have given you notice as an heir to your deceased brother's estate for the probate action. If he did not this would be grounds to go in and have the probate final order overturned.

Expert:  Andrew replied 5 days ago.

If you have any other question please let me know otherwise I would love a 5 star rating. Thanks!

Expert:  Attorney2 replied 1 day ago.

I am a different Attorney. If the real property was left to you and other siblings in a will and your oldest brother transferred the title into his name alone you have an action against him. Do you either a copy of the Will or did he record the title to the real property into his name?