Probate

[Patches77]

Jurisdiction

Texas

Hello,my mother passed away in October...she didn't leave a will,the man that has been living with her refuses to leave her house...the police say it's his residence...he also is telling the police that they were married..the police don't even bother to check it out..I know for a fact that they were never married.my mom had 2 children ,me and my sister,.the house rightfully should go to me and my sister...but the man staying there is saying it's his cuz they're married...my sister took him to court and the judge said it's his residence and that we have to prove that we're her heirs...my sister is paying for all court proceedings.i am not financially able to.she doesn't include me in on anything.i have no idea what's really going on.she said she's got the money to go to court to prove heirship.she said at some point she'll need my birth certificate...but she no longer answers my calls.she told me once we prove we're the rightful heirs ,that then we can sell it and split the money.but like I said she won't talk to me now.i know she's planning on excluding me and keeping my half of the money.this is my question:she's got a lawyer,she's got the money,she knows exactly what needs to be done..do I need get my own lawyer?and do I need to get an heirship affidavit and just show up unexpected the day of court? If onlyy she files as an heir and I don't because I was totally left out does that mean I forfeit my half? If don't show up w a lawyer and she does to prove heirship what does that mean ? Would I lose all my half to her??should I go to the courthouse and ask to see records of everything that's been filed so far and ask when the court date is and then show up w a lawyer?what happens if for some reason I miss the courtdate?I also read that not all siblings need to be notified if whoever was appointed the one in charge ( idk what that's called)wants to sell the house as long as it's still in probate..do I need to worry about that?I'm asking for advice from real professionals plz

 

[adjusterjack]

do I need get my own lawyer?

Yes.

Like you said, she's got a lawyer, she's got the money.

She can potentially walk all over you.

At the very least, go talk to a lawyer and review your options.

 

[welkin]

...the police say it's his residence

That is probably true but residence only means he lives there. It doesn't mean he owns it.

The true owner could have him evicted unless your mother gave him an ownership interest or life estate that you don't know about..

 

[Zigner]

It's possible they were actually married, even if not by way of a formal, registered marriage.
Guides: Common Law Marriage: General Information

If they were married, he wouldn't get "everything" as the surviving spouse, but he would be entitled to a life estate.
ESTATES CODE CHAPTER 201. DESCENT AND DISTRIBUTION

As mentioned above, speak to an attorney.

 

[zddoodah]

In any future posts, please try to use proper capitalization and punctuation. Ellipses aren't all purpose punctuation.

the man that has been living with her refuses to leave her house...the police say it's his residence...he also is telling the police that they were married..the police don't even bother to check it out.

Why would the police have any involvement in this at all? It's obviously correct that the house IS this guy's residence.

I know for a fact that they were never married.

As noted in the prior response, Texas recognizes a form of common law marriage, so this is a matter of law, not a matter of fact.

my mom had 2 children ,me and my sister,.the house rightfully should go to me and my sister.

OK...what have you done to try and achieve this result?

my sister took him to court and the judge said it's his residence and that we have to prove that we're her heirs.

Took him to court for what? Did she file an eviction proceeding? If so, she has no standing, and the court should have dismissed the case.

do I need get my own lawyer?

Given your suspicions about your sister, yes.

do I need to get an heirship affidavit and just show up unexpected the day of court?

I have no idea what you mean by "the day of court."

Someone (you and/or your sister) needs to file to probate your mother's estate. Has that happened? If you don't know, you should visit the courthouse in the county where your mother lived and ask the clerk how you can search probate filings.

should I go to the courthouse and ask to see records of everything that's been filed so far

Yes.

I also read that not all siblings need to be notified

Not sure where you might have read that. If probate was filed, every potential heir should be given notice.