Terrified of family taking over

[Isaacscochran]

Jurisdiction

Texas

When my father passed away on Jan 14th he didn't leave a will. he has a large estate I understand that it will need to go through probate. Now as his oldest son and my brothers and sisters agreeing that I should be pointed administration of the estate what are the chances of the court appointing somebody else as administrator like disgruntled uncles aunt or grandmother's after asking them to move out of my father's house is thier anything they can do or ask for from the courts

 

[army judge]

You father died without a Will in Texas.

He is said to have died intestate.

If someone dies intestate, Texas law lays out how the estate will be distributed by the Texas Probate Code.

Under our law in Texas, the law draws a distinction between separate property and community property.

I can't say what the court will decide, but changes such as you describe are rare.

I doubt that anyone other than your father's spouse (if he had one), or his children will take a dime from the estate.

I suggest once you are named administrator you hire a lawyer to remove the leeches, vermin, beggars, and grifters who appear and wish to enjoy what is yours.

Here is how our laws of intestacy apportion estates:

PERSONS WHO TAKE UPON INTESTACY
(a) Intestate Leaving No Husband or Wife. Where any person, having title to any estate, real, personal or mixed, shall die intestate, leaving no husband or wife, it shall descend and pass in parcenary to his kindred, male and female, in the following course:

1. To his children and their descendants.

2. If there be no children nor their descendants, then to his father and mother, in equal portions. But if only the father or mother survive the intestate, then his estate shall be divided into two equal portions, one of which shall pass to such survivor, and the other half shall pass to the brothers and sisters of the deceased, and to their descendants; but if there be none such, then the whole estate shall be inherited by the surviving father or mother.

3. If there be neither father nor mother, then the whole of such estate shall pass to the brothers and sisters of the intestate, and to their descendants.

4. If there be none of the kindred aforesaid, then the inheritance shall be divided into two moieties, one of which shall go to the paternal and the other to the maternal kindred, in the following course: To the grandfather and grandmother in equal portions, but if only one of these be living, then the estate shall be divided into two equal parts, one of which shall go to such survivor, and the other shall go to the descendant or descendants of such deceased grandfather or grandmother. If there be no such descendants, then the whole estate shall be inherited by the surviving grandfather or grandmother. If there be no surviving grandfather or grandmother, then the whole of such estate shall go to their descendants, and so on without end, passing in like manner to the nearest lineal ancestors and their descendants.

(b) Intestate Leaving Husband or Wife. Where any person having title to any estate, real, personal or mixed, other than a community estate, shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows:

1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants.

2. If the deceased have no child or children, or their descendants, then the surviving husband or wife shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person, and the other half shall pass and be inherited according to the rules of descent and distribution; provided, however, that if the deceased has neither surviving father nor mother nor surviving brothers or sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate.

Texas Statutes, Probate Code, Sec. 38

 

[flyingron]

Texas Estate Code 303.001 shows the preferences for appointing the personal representative. Given no will, the surviving spouse comes first. The next three are pretty much you and your siblings. If they all agree that you should do it, unless you are somehow otherwise disqualilfied they should appoint you.

All the aunts, uncles, and grandmothers, don't have any claim to the estate unless there was some specific debt owed them.

You do have to be a of sound mind, not a felon, etc... (see 304.003).

 

[Isaacscochran]

Is thier any legal action that my grandmother uncle or aunt can do because we asked them to move out the my father's house and we did give them till the end of February

 

[flyingron]

Well, they're not obliged to do anything because YOU ask them at this point, as you don't have any more or less authority than they do. Once you are appointed personal representative you can, in the name of the estate, proceed with a legal eviction of them.

 

[Disabled Vet]

Is thier any legal action that my grandmother uncle or aunt can do because we asked them to move out the my father's house and we did give them till the end of February

Remember and honor your father wishes........ If they were staying there before he passed. It was because he wanted them there. This will take a court to figure it out.

 

[flyingron]

Father's wishes pretty much ended when he died. It may take a court to enforce, but once the heirs are free to do what they want with THEIR property. It may take a court to force the "tenants" out, but there isn't much to "figure" out.

 

[zddoodah]

Now as his oldest son and my brothers and sisters agreeing that I should be pointed administration of the estate what are the chances of the court appointing somebody else as administrator like disgruntled uncles aunt or grandmother's

It's been over a month and no one has sought to probate the estate? I suggest you confer with a local probate attorney ASAP. Since there was no will and apparently no surviving spouse, the estate goes entirely to the surviving children. If all of the children are in agreement that you should be administrator, even if someone else seeks to be administrator, there is little chance that the court would appoint that other person. Of course, that one or more anonymous strangers on the internet tells you that is completely meaningless.

Is thier any legal action that my grandmother uncle or aunt can do because we asked them to move out the my father's house and we did give them till the end of February

I think what you're saying is that your grandmother, aunt and uncle are living in a home owned by your father. We have no way of predicting what they might do, and merely "asking" them to move out has no legal consequence. Until someone is appointed as administrator of the estate, there is no action that can be taken against these tenants to remove them from the home.