Estate Law Questions? Ask an Estate Lawyer.
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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.