Have Legal Questions? Ask a Lawyer Now.
Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
When was the order signed?
Determination of heirship was done on June18 2013
Wow. You just barely missed the dates for the easy ways to handle it. In this case since it has been longer than 30 days you are probably going to have to file for a Bill of Review under Texas Rule of Civil Procedure 329b(f). That allows you to reverse a decision for up to 4 years.
It is fairly complicated and so you are definitely going to want a lawyer to assist with this.
Determination of Heirship was done on June 18 2013...kathyrider THANK YOU...no one else seems to know about this remedy....
Thank you for your follow-up..things have gotten very complicatedlegally. The Probate Court's position is that bec there was an orderentered more than thirty days ago indicating no need for administrationthat the original will can not be probated with the naming of an executor.Our family's problem is that my Mother owned property in New Mexico which as of 1987 does not allow conveyance of property by will. There must be a "deed of distribution" done by the executor of the estate. We are attempting to get the original will either probated in Texas with anexecutor appointed (which is very unlikely at this point) or take theoriginal will and probate it in New Mexico with the naming of an executor.There is also property in Texas which must be sold. Additionally, agrandson of the deceased has severe mental health problems and there needs to be a special needs trust set up so he will not lose SSI benefits. The special needs atty indicated we could not set up the special needs trust unless there is an executor appointed for the estate. Sorry, I know this is more information than you wanted. We did attempt to look at the Texas Rules of Civil Procedure allowing for the probate of the original will if there are additional circumstances. The probate court is holding firm that after 30 days the order of heirship without administration can not be set aside. As a non-atty I appreciated all the help and the responsiveness.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).