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My mother passed away no will and there are 12 children

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My mother passed away...

My mother passed away no will and there are 12 children there is a house and land and mineral rights how do I handle this because one of the brothers lives in the house and they’re tearing it up it out taking care of it

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Thx Montague county Texas

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don’t know what file

Submitted: 6 months ago.Category: Legal
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1/6/2018
Lawyer: Richard, Attorney replied 6 months ago
Richard
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Lawyer: Richard, Attorney replied 6 months ago

Since there is no will, then your mother is considered to have died intestate. If there is no surviving spouse, the Texas intestate succession laws would dictate that her estate be divided equally among the children. Before anyone has any legal authority to act on behalf of the estate, someone has to file a petition with the probate court in the county in which your mother lived to be appointed executor of the estate. The court then issues that person "letters testamentary" which gives that person the authority to act on behalf of the estate. The executor then needs to compile all estate assets, pay the bills of the decedent and the estate, and then distribute the remaining assets among the children. With real property and mineral rights, you would transfer those assets to all 12 children in undivided 1/12 interests. Once transferred, if the parties cannot get along and some want to sell and some don't, there can be a forced sale or partition. When there are co-owners of property and one or more want to sell (Group A) and one or more do not want to sell (Group B), if Group B won't either agree to sell or purchase the interests of Group A at a price agreeable to Group A, then Group A can file a suit for partition. The result of that suit will be one of the following: i) if the property can be equitably subdivided, the court will order the property divided into smaller parcels with each owner then owning 100% of their own smaller tract with full control over that tract; or ii) if the property cannot be equitably subdivided, the court will order the property sold and the proceeds divided.

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