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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31692
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My father died without a will. There are 6 kids two of the

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My father died without a will. There are 6 kids two of the brothers that live on our fathers land want the rest of ustoo sign a wwarranty deed stating that we have or want no interest in any of the property.two have sign these papers two others have sign over gift deeds to each other stating they want no interest on the land that they are living on. But me an one other want our share. How do we go about getting our share from what was my fathers. Land,cash,insurance,an anything else that was his

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question.
Kirk Adams : You certainly are entitled to your 1/6 interest in the property and you can demand your fair portion for your interest.
Kirk Adams : The best way to approach this is to ask that the property be appraised and that you then be paid accordingly for your interest.
Kirk Adams : They should be agreeable to that because if you refuse to sell your interest, a partition lawsuit would have to be filed, and the judge would order that the property be appraised and that you be paid your fair value for the property, so they're going to end up in the same place either way.
Kirk Adams : As for his other assets, if you don't know what those may be, it's hard to say whether it's worth taking legal action to preserve your rights and recover his assets.
Kirk Adams : But, if you want to do this, you will have to file a petition to have your dad's estate opened for administration.
Kirk Adams : When you do this, all of his assets would be accounted for and they would be split equally between the heirs at law under the Texas intestate succession laws.
Kirk Adams : Thus, you would likely need to discuss any estate matters with a local attorney because it can get very complicated. HOWEVER, the issue with the real estate/5 acres is fairly simple as you're entitled to the value of your interest, and they would have to get the property appraised and pay you accordingly - - they can either do that voluntarily or via a court order.
Kirk Adams : Thanks for your question, and please let me know if you need anything further.

But I don't believe anything has been filed with the courts regarding his death. I have checked the court house for that county. So next step is.

Understood - - and that's often the case.

The NEXT step would be to file a petition for the administration of his estate (since he doesn't have a will, it's called "administration" / not probate).

That would be the next thing to file IF you want to proceed with getting your interest in all of his property.
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